83_FR_1015 83 FR 1009 - Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Multi-Year Annual Catch Limits for the Finfish Stocks in the Monitored Stock Category

83 FR 1009 - Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Multi-Year Annual Catch Limits for the Finfish Stocks in the Monitored Stock Category

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 6 (January 9, 2018)

Page Range1009-1012
FR Document2018-00084

NMFS issues this proposed rule to amend the regulations governing the fisheries for Coastal Pelagic Species (CPS) off the West coast to include annual catch limits (ACLs, which are the maximum allowable fishing levels for each year, for certain monitored finfish stocks (jack mackerel, central population of northern anchovy, northern subpopulation of northern anchovy) under the CPS Fishery Management Plan (FMP). A final rule published October 26, 2016, established these ACLs for the 2017 fishing year only; the purpose of this proposed rule is to codify these ACLs so they remain effective until revised through some future rulemaking. If the ACL for any one of these stocks is reached or projected to be reached, then fishing for that stock will be closed until it reopens at the start of the next fishing season. This rule is intended to conserve and manage these stocks off the U.S. West Coast.

Federal Register, Volume 83 Issue 6 (Tuesday, January 9, 2018)
[Federal Register Volume 83, Number 6 (Tuesday, January 9, 2018)]
[Proposed Rules]
[Pages 1009-1012]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00084]


=======================================================================
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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 170901860-7999-01]
RIN 0648-BH18


Fisheries Off West Coast States; Coastal Pelagic Species 
Fisheries; Multi-Year Annual Catch Limits for the Finfish Stocks in the 
Monitored Stock Category

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

ACTION: Proposed rule.

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

SUMMARY: NMFS issues this proposed rule to amend the regulations 
governing the fisheries for Coastal Pelagic Species (CPS) off the West 
coast to include annual catch limits (ACLs, which are the maximum 
allowable fishing levels for each year, for certain monitored finfish 
stocks (jack mackerel, central population of northern anchovy, northern 
subpopulation of northern anchovy) under the CPS Fishery Management 
Plan (FMP). A final rule published October 26, 2016, established these 
ACLs for the 2017 fishing year only; the purpose of this proposed rule 
is to codify these ACLs so they remain effective until revised through 
some future rulemaking. If the ACL for any one of these stocks is 
reached or projected to be reached, then fishing for that stock will be 
closed until it reopens at the start of the next fishing season. This 
rule is intended to conserve and manage these stocks off the U.S. West 
Coast.

DATES: Comments must be received by February 8, 2018.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2017-0155, by any of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to

[[Page 1010]]

www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0155, 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. 420, 
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).

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

SUPPLEMENTARY INFORMATION: The CPS fishery in the U.S. exclusive 
economic zone (EEZ) off the West Coast is managed under the CPS FMP, 
which was developed by the Pacific Fishery Management Council (Council) 
pursuant to the Magnuson-Stevens Fishery Conservation and Management 
Act (MSA), 16 U.S.C. 1801 et seq. The six species managed under the CPS 
FMP are Pacific sardine, Pacific mackerel, jack mackerel, northern 
anchovy (northern and central subpopulations), market squid and krill. 
The CPS FMP is implemented by regulations at 50 CFR part 660, subpart 
I.
    Management unit stocks in the CPS FMP are classified under three 
management categories: Active, monitored and prohibited harvest 
species. Stocks in the active category (Pacific sardine and Pacific 
mackerel) are managed by regular stock assessments and periodic or 
annual adjustments of target harvest levels based on those stock 
assessments. Fisheries for these stocks have biologically significant 
levels of catch, or biological or socioeconomic considerations 
requiring this type of relatively intense harvest management 
procedures. In contrast, stocks in the monitored category (jack 
mackerel, northern anchovy, and market squid \1\), are managed by means 
of qualitative comparison to available abundance data without regular 
stock assessments or annual adjustments to target harvest levels, and 
then tracking landings against the relevant ACL to ensure overfishing 
does not occur. Fisheries for monitored stocks do not have biologically 
significant catch levels and, therefore, do not require intensive 
harvest management. As a result, monitored stocks have been adequately 
managed by tracking landings and examining available abundance indices. 
Species in both categories may be subject to management measures such 
as catch allocation, gear regulations, closed areas, closed seasons, or 
other forms of regulation. For example, trip limits and a limited entry 
permit program are already in place for all CPS finfish. The prohibited 
harvest species category is comprised only of krill, which is managed 
by a prohibition on targeting and retention.
---------------------------------------------------------------------------

    \1\ Market squid is statutorily exempt from the general 
requirement to be managed using an ACL because of their short life-
cycle.
---------------------------------------------------------------------------

    In September 2011, NMFS approved Amendment 13 to the CPS FMP, which 
modified the framework process used to set and adjust fishery 
specifications and for setting ACLs and accountability measures (AMs). 
Amendment 13 conformed the CPS FMP with the 2007 amendments to the MSA 
and the NMFS revised MSA National Standard 1 (NS1) guidelines at 50 CFR 
600.310, which for the first time required ACLs be established for 
management unit species (with exceptions). Specifically, Amendment 13 
maintained the existing reference points and the primary harvest 
control rules for the monitored stocks (jack mackerel, northern anchovy 
and market squid), including the large uncertainty buffer built into 
the acceptable biological catch (ABC) control rule for the finfish 
stocks, as well as the overfishing criteria for market squid, but 
modified these reference points and control rules to align with the 
revised NS1 guidelines and to comply with the new statutory requirement 
to establish a process for setting ACLs and AMs. This included a 
default management framework under which the overfishing limit (OFL) 
for each monitored stock was set equal to their existing maximum 
sustainable yield (MSY) value, if available, and ABC values were 
reduced from the OFL by 75 percent as an uncertainty buffer (in 
accordance with the existing ABC control rule, under which ABC equals 
25 percent of OFL/MSY). ACLs are then set either equal to or lower than 
the ABC; annual catch targets (ACTs), if deemed necessary, can be set 
less than or equal to the ACL, primarily to account for potential 
management uncertainty.
    Compared to the management framework for stocks in the active 
category, which utilizes annual estimates of biomass to calculate the 
applicable annual harvest levels, the ACLs for the monitored finfish 
stocks are not based on annual estimates of biomass or any single 
estimate of biomass. As described above, ACLs for monitored finfish are 
set at the ABC levels, which are no higher than 25 percent of the OFLs. 
OFLs are set equal to MSY--an estimate that is intended to reflect the 
largest average fishing mortality rate or yield that can be taken from 
a stock over the long term. Although the control rules and harvest 
policies for monitored CPS stocks are simpler than the active category 
control rules, the inclusion of a large non-discretionary buffer 
between the OFL and ABC both protects the stock from overfishing and 
allows for a small sustainable harvest. In recognition of the low 
fishing effort and landings for these stocks, the Council chose this 
type of passive framework to manage monitored finfish because the 
passive framework has proven sufficient to prevent overfishing while 
allowing for sustainable annual harvests even when the year-to-year 
biomasses of these stocks fluctuate.
    Although the OFLs and ABCs for these monitored finfish stocks were 
previously established and are not being revised by this rulemaking, 
understanding these values is relevant to ACLs because generally the 
ACL for monitored stocks is expected to be set at ABC. Per the 
framework that was established through Amendment 13, the OFLs for the 
central subpopulation of northern anchovy and jack mackerel were set 
based on MSY values that were established through Amendment 8 to the 
FMP. In 2015, Amendment 14 to the CPS FMP established an 
FMSY of 0.3 as the MSY reference point for the northern 
subpopulation of northern anchovy in the CPS FMP. However, because the 
framework in the FMP for setting ABCs is based on applying a percentage 
to numerical MSY/OFLs, it was necessary to determine a numerical OFL 
value through the specifications process. Because the northern 
subpopulation of the northern anchovy is currently lightly fished and 
effort has been inconsistent over time, it was determined that using a 
catch time series as a way of setting the OFL was not appropriate, as 
it likely was an unreliable indicator of stock status.

[[Page 1011]]

Therefore, the best available scientific information on the population 
and biology of northern subpopulation northern anchovy was compiled to 
develop an OFL. The available information included two separate 
estimates of biomass, and the average of these two estimates was 
approximately 130,000 mt. After reviewing this information, the SSC 
recommended that the OFL be set by multiplying the average of these two 
biomass estimates (130,000 mt), by an FMSY 0.3. This 
calculation results in an OFL of 39,000 mt, and with the established 
uncertainty buffer of 75 percent, an ABC of 9,750 mt.
    Through this action, NMFS is proposing to codify in 50 CFR part 660 
subpart I ACLs for the three populations of CPS finfish, which were 
implemented for calendar year 2017 in the final rule published on 
October 26, 2016, at 81 FR 74309.\2\ The ACLs are: Jack mackerel, 
31,000 mt; northern subpopulation of northern anchovy, 9,750 mt; and, 
central subpopulation of northern anchovy, 25,000 mt. These ACLs were 
recommended to NMFS by the Council, and were based on recommendations 
from its advisory bodies according to the framework in the FMP 
established through Amendment 13.
---------------------------------------------------------------------------

    \2\ An annual catch target of 1,500 mt for the northern 
subpopulation of northern anchovy was also established by the 
October 26, 2016, final rule, but is used for internal monitoring 
rather than regulating the public and therefore need not be 
codified.
---------------------------------------------------------------------------

    NMFS notes that although the proposed ACLs are equal to their 
respective ABCs, NMFS has determined that they are still at a level 
such that overfishing will not occur. The management framework, 
including the buffer between the OFL and ABC built into the harvest 
policy for CPS stocks in the monitored category, was recommended by the 
Council's SSC, adopted by the Council and approved by NMFS as supported 
by the best available science and as determined in a manner that 
appropriately accounts for the various types of scientific uncertainty 
surrounding the OFL. This framework for accounting for uncertainty was 
subsequently used to establish the existing OFLs and ABCs for these 
stocks, and NMFS does not propose to revise the existing OFLs and ABCs 
by this proposed rule. Additionally, setting lower ACLs or establishing 
additional ACTs to account for management uncertainty is unnecessary at 
this time, as managers have the ability to manage and track the 
landings of these fisheries to ensure the ACLs are not exceeded. 
Catches of the three finfish stocks in the monitored category--northern 
anchovy (northern and central subpopulations) and jack mackerel--have 
remained well below their respective ACL (previously ABC) levels since 
implementation of the CPS FMP in 2000, with average catches in the ten-
year period from 2006-2015 of approximately 8,000 mt, 295 mt, and 580 
mt for the central and northern subpopulations of northern anchovy and 
jack mackerel, respectively.
    This proposed action will allow the proposed ACLs to remain in 
place for each subsequent calendar year until changed. The Council and 
NMFS would consider future changes if landings increase and 
consistently reach the ABC/ACL level, if new scientific information 
becomes available to warrant changes, or if changes are made in the 
future to the existing ABCs or OFLs. The ACLs proposed in this action 
provide a means to monitor these stocks on an annual basis and prevent 
overfishing, as each year the total harvest of each stock will be 
assessed against their respective ACLs. These ACLs would remain in 
place until changed according to the FMP framework. Except for the 
northern subpopulation of northern anchovy, the OFL and ABC 
specifications for the rest of these stocks have already been set in 
the FMP, and NMFS is not establishing or revising them by this action. 
The OFL and ABC specifications for the northern subpopulation of 
northern anchovy were established in the final rule published October 
26, 2016, which established these ACLs for the 2017 fishing year only.
    If an ACL is reached, or is expected to be reached for one of these 
fisheries, the directed fishery would be closed until the beginning of 
the next fishing season. The NMFS West Coast Regional Administrator 
would publish a notice in the Federal Register announcing the date of 
any such closure. Additionally, nearing or exceeding one of these ACLs 
would trigger a review of whether the fishery should be moved into the 
actively managed category of the FMP.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery 
Conservation and Management Act, the NMFS Assistant Administrator has 
determined that this proposed rule is consistent with the CPS FMP, 
other provisions of the Magnuson-Stevens Fishery Conservation and 
Management Act, and other applicable law.
    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 (SBA) that this proposed rule, if adopted, would not 
have a significant economic impact on a substantial number of small 
entities, for the reasons described below.
    The primary action being implemented through this rule as it 
relates to potential economic impacts on small entities is the 
codification of multi-year ACLs for the two sub-stocks of northern 
anchovy and for jack mackerel in the U.S. EEZ off the West coast. The 
CPS FMP and its implementing regulations require NMFS to set ACLs for 
these fisheries based on the harvest control rules in the FMP.
    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.
    The average annual per vessel revenue in 2016 for the West Coast 
CPS finfish small purse seine fleet, as well as the few vessels that 
target anchovy off of Oregon and Washington, was below $11 million; 
therefore, all of these vessels are considered small businesses under 
the SBA size standards. Because each affected vessel is a small 
business, this proposed rule has an equal effect on all of these small 
entities, and therefore will impact a substantial number of these small 
entities in the same manner. The corresponding annual revenues from 
these species averaged to about $62,000 and $1,900,000, for jack 
mackerel and northern anchovy, respectively.
    The entities that would be affected by the proposed action are the 
vessels that harvest jack mackerel and northern anchovy as part of the 
West Coast CPS purse seine fleet. Jack mackerel and northern anchovy 
are components of the CPS purse seine fishery off the U.S. West Coast, 
which generally fishes a complex of species, including Pacific sardine, 
Pacific mackerel and market squid. Currently there are 58 vessels 
permitted in the Federal CPS limited entry fishery off California. 
Annually over the past 5 years, as few as 2 and as many as 57 (an 
average 22) of these CPS vessels landed anchovy and jack mackerel. 
Approximately 26 baitfish licenses are issued annually in the state of 
Washington to harvest northern

[[Page 1012]]

anchovy. Since 2009, the state of Oregon has not required a permit to 
harvest anchovy in Oregon waters. Jack mackerel is currently not fished 
in Oregon and Washington.
    To evaluate whether this proposed rule could potentially reduce the 
profitability of the affected vessels, NMFS compared current and 
average recent historical landings to the ACLs that would be codified 
in this proposed rule, if approved. The multi-year ACL (maximum fishing 
level for each year) for the central subpopulation of northern anchovy 
is 25,000 mt and for the northern subpopulation ACL is 9,750 mt. In 
2016, 6,644 mt of the central population of northern anchovy and 7,263 
mt of the northern subpopulation of northern anchovy were landed. The 
annual average harvest from 2007 to 2016 for the central and northern 
subpopulations of northern anchovy is 7,400 mt and 910 mt, 
respectively. The jack mackerel ACL is 31,000 mt. In 2016, 
approximately 374 mt of jack mackerel were landed and average annual 
landings of jack mackerel over the last 10 years (2007-2016) was 662 
mt. Prior landings of these stocks have been well below the proposed 
ACLs. Therefore, although codifying ACLs for these stocks is considered 
a new management measure for these fisheries, based on current and 
historical landings of these stocks, this proposed action is not 
expected to result in changes in fishery operations. As a result, it is 
unlikely that the ACLs that would be codified in this rule, if 
approved, would limit the profitability of the fleets catching these 
stocks. Therefore, this action would not have any economic impact, let 
alone impose a significant economic impact on any of the small entities 
participating in these fisheries.
    Based on the analysis above, the proposed action, if adopted, would 
not have a significant economic impact on a substantial number of small 
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: January 2, 2018.
Samuel D. Rauch, III,
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.  660.509, paragraph (a) is revised to read as follows:


Sec.  660.509   Accountability measures (season closures).

    (a) General rule. When the directed fishery allocation, incidental 
allocation, or an annual catch limit is reached for any CPS species it 
shall be closed until the beginning of the next fishing period or 
season. Regional Administrator shall announce in the Federal Register 
the date of such closure, as well as any incidental harvest level(s) 
recommended by the Council and approved by NMFS.
* * * * *
0
3. In Sec.  660.511, a new paragraph (i) is added to read as follows:


Sec.  660.511  Catch restrictions.

* * * * *
    (i) The following ACLs apply to fishing for monitored stocks of CPS 
finfish:
    (1) Jack mackerel: 31,000 mt.
    (2) Northern Anchovy (N. Subpopulation): 9,750 mt.
    (3) Northern Anchovy (Central Subpopulation): 25,000 mt.

[FR Doc. 2018-00084 Filed 1-8-18; 8:45 a.m.]
 BILLING CODE 3510-22-P



                                                                             Federal Register / Vol. 83, No. 6 / Tuesday, January 9, 2018 / Proposed Rules                                                  1009

                                                    C. Proficiency Testing Referral                         ten schedules at § 493.643(c), and                       Dated: August 18, 2017.
                                                       • We are seeking public comment                      whether they should change based on                    Seema Verma,
                                                    regarding the feasibility of applying                   any updates to the methodology for                     Administrator, Centers for Medicare &
                                                                                                            determining the average hourly rate.                   Medicaid Services.
                                                    alternative sanctions in cases of PT
                                                    referral that involve waived testing.                     • We are seeking public comment on                     Dated: December 20, 2017.
                                                       • We are seeking public comment                      exploring an appropriate methodology                   Eric D. Hargan,
                                                    related to applying discretion in                       for assessing a fair fee for other                     Acting Secretary, Department of Health and
                                                    situations where we determine that a                    compliance determination activities to                 Human Services.
                                                    laboratory has referred its proficiency                 include performing follow-up visits,                   [FR Doc. 2017–27887 Filed 1–5–18; 11:15 am]
                                                    testing samples to another laboratory                   complaint investigations, and activities               BILLING CODE 4120–01–P
                                                    and has reported those results from                     associated with imposition of sanctions.
                                                    another laboratory as their own, and
                                                    under what circumstances should that                      We are also soliciting general
                                                                                                            feedback from stakeholders on what                     DEPARTMENT OF COMMERCE
                                                    discretion be applied.
                                                                                                            other areas of CLIA they would                         National Oceanic and Atmospheric
                                                    D. Histocompatibility                                   potentially have recommendations for                   Administration
                                                      • Virtual crossmatching: We are                       changing.
                                                    seeking public comment on the                           III. Collection of Information                         50 CFR Part 660
                                                    acceptability and application of virtual
                                                                                                            Requirements                                           [Docket No. 170901860–7999–01]
                                                    crossmatching in lieu of physical
                                                    crossmatching for transplantation.                         This document does not impose                       RIN 0648–BH18
                                                      • Criteria and decision making                        information collection requirements,
                                                    algorithms: We are seeking public                       that is, reporting, recordkeeping or                   Fisheries Off West Coast States;
                                                    comment on appropriate criteria and                     third-party disclosure requirements.                   Coastal Pelagic Species Fisheries;
                                                    decision algorithms under which virtual                                                                        Multi-Year Annual Catch Limits for the
                                                                                                            However, section II of this document
                                                    crossmatching would be an appropriate                                                                          Finfish Stocks in the Monitored Stock
                                                                                                            does contain a general solicitation of
                                                    substitute for physical crossmatching.                                                                         Category
                                                                                                            comments in the form of a request for
                                                    We are also seeking public comment on
                                                                                                            information. In accordance with the                    AGENCY:  National Marine Fisheries
                                                    the existence of commonly accepted
                                                                                                            implementing regulations of the                        Service (NMFS), National Oceanic and
                                                    current guidelines for virtual
                                                                                                            Paperwork Reduction Act of 1995                        Atmospheric Administration (NOAA),
                                                    crossmatching in histocompatibility.
                                                                                                            (PRA), specifically 5 CFR 1320.3(h)(4),                Commerce.
                                                      • Updating histocompatibility
                                                    regulations: We are seeking public                      this general solicitation is exempt from               ACTION: Proposed rule.
                                                    comment on histocompatibility                           the PRA. Facts or opinions submitted in
                                                                                                            response to general solicitations of                   SUMMARY:    NMFS issues this proposed
                                                    regulations that are no longer necessary                                                                       rule to amend the regulations governing
                                                    because they are obsolete or redundant                  comments from the public, published in
                                                                                                                                                                   the fisheries for Coastal Pelagic Species
                                                    with requirements found in other                        the Federal Register or other
                                                                                                                                                                   (CPS) off the West coast to include
                                                    sections of the CLIA regulations. We are                publications, regardless of the form or
                                                                                                                                                                   annual catch limits (ACLs, which are
                                                    also seeking public comment on any                      format thereof, provided that no person
                                                                                                                                                                   the maximum allowable fishing levels
                                                    histocompatibility regulations that                     is required to supply specific                         for each year, for certain monitored
                                                    should be modified to reflect current                   information pertaining to the                          finfish stocks (jack mackerel, central
                                                    practices.                                              commenter, other than that necessary                   population of northern anchovy,
                                                                                                            for self-identification, as a condition of             northern subpopulation of northern
                                                    E. CLIA Fees
                                                                                                            the agency’s full consideration, are not               anchovy) under the CPS Fishery
                                                       • We are seeking public comments                     generally considered information                       Management Plan (FMP). A final rule
                                                    (including information such as                          collections and therefore not subject to               published October 26, 2016, established
                                                    evidence, research, and trends) on an                   the PRA. Consequently, there is no need                these ACLs for the 2017 fishing year
                                                    alternate method to calculate the                       for review by the Office of Management                 only; the purpose of this proposed rule
                                                    average hourly rate for each entity as                  and Budget under the authority of the                  is to codify these ACLs so they remain
                                                    outlined in § 493.649(b). We are also                   Paperwork Reduction Act of 1995 (44                    effective until revised through some
                                                    seeking comment on whether the                                                                                 future rulemaking. If the ACL for any
                                                                                                            U.S.C. 3501 et seq.).
                                                    method should be standardized and                                                                              one of these stocks is reached or
                                                    updated annually or as needed.                          IV. Response to Comments                               projected to be reached, then fishing for
                                                       • We are seeking public comment on                                                                          that stock will be closed until it reopens
                                                    a methodology that would set a fair and                   Because of the large number of public
                                                                                                            comments we normally receive on                        at the start of the next fishing season.
                                                    reasonable fee for revised certificate                                                                         This rule is intended to conserve and
                                                    requests. We also seek comment as to                    Federal Register documents, we are not
                                                                                                                                                                   manage these stocks off the U.S. West
                                                    whether fees should be nominal and, if                  able to acknowledge or respond to them
                                                                                                                                                                   Coast.
                                                    nominal, whether such fee would cover                   individually. We will consider all
                                                    the costs associated with the task.                     comments we receive by the date and                    DATES:  Comments must be received by
jstallworth on DSKBBY8HB2PROD with PROPOSALS




                                                       • We are seeking public comment to                   time specified in the DATES section of                 February 8, 2018.
                                                    update the fees for determination of                    this preamble, and, when we proceed                    ADDRESSES: You may submit comments
                                                    program compliance as well as                           with a subsequent document, we will                    on this document, identified by NOAA–
                                                    additional fees to accredited laboratories              respond to the comments in the                         NMFS–2017–0155, by any of the
                                                    as outlined in §§ 493.643(b) and                        preamble to that document.                             following methods:
                                                    493.645(b) respectively. We are also                                                                             • Electronic Submissions: Submit all
                                                    seeking comment on whether fees                                                                                electronic public comments via the
                                                    collected should be subject to the same                                                                        Federal e-Rulemaking Portal. Go to


                                               VerDate Sep<11>2014   15:00 Jan 08, 2018   Jkt 244001   PO 00000   Frm 00015   Fmt 4702   Sfmt 4702   E:\FR\FM\09JAP1.SGM   09JAP1


                                                    1010                     Federal Register / Vol. 83, No. 6 / Tuesday, January 9, 2018 / Proposed Rules

                                                    www.regulations.gov/#!docketDetail;                     northern anchovy, and market squid 1),                 ABC; annual catch targets (ACTs), if
                                                    D=NOAA-NMFS-2017-0155, click the                        are managed by means of qualitative                    deemed necessary, can be set less than
                                                    ‘‘Comment Now!’’ icon, complete the                     comparison to available abundance data                 or equal to the ACL, primarily to
                                                    required fields, and enter or attach your               without regular stock assessments or                   account for potential management
                                                    comments.                                               annual adjustments to target harvest                   uncertainty.
                                                       • Mail: Submit written comments to                   levels, and then tracking landings                        Compared to the management
                                                    Barry A. Thom, Regional Administrator,                  against the relevant ACL to ensure                     framework for stocks in the active
                                                    West Coast Region, NMFS, 501 W.                         overfishing does not occur. Fisheries for              category, which utilizes annual
                                                    Ocean Blvd., Ste. 420, Long Beach, CA                   monitored stocks do not have                           estimates of biomass to calculate the
                                                    90802–4250; Attn: Joshua Lindsay.                       biologically significant catch levels and,             applicable annual harvest levels, the
                                                       • Instructions: Comments must be                     therefore, do not require intensive                    ACLs for the monitored finfish stocks
                                                    submitted by one of the above methods                   harvest management. As a result,                       are not based on annual estimates of
                                                    to ensure that the comments are                         monitored stocks have been adequately                  biomass or any single estimate of
                                                    received, documented, and considered                    managed by tracking landings and                       biomass. As described above, ACLs for
                                                    by NMFS. Comments sent by any other                     examining available abundance indices.                 monitored finfish are set at the ABC
                                                    method, to any other address or                         Species in both categories may be                      levels, which are no higher than 25
                                                    individual, or received after the end of                subject to management measures such                    percent of the OFLs. OFLs are set equal
                                                    the comment period, may not be                          as catch allocation, gear regulations,                 to MSY—an estimate that is intended to
                                                    considered. All comments received are                   closed areas, closed seasons, or other                 reflect the largest average fishing
                                                    a part of the public record and will                    forms of regulation. For example, trip                 mortality rate or yield that can be taken
                                                    generally be posted for public viewing                  limits and a limited entry permit                      from a stock over the long term.
                                                    on www.regulations.gov without change.                  program are already in place for all CPS               Although the control rules and harvest
                                                    All personal identifying information                    finfish. The prohibited harvest species                policies for monitored CPS stocks are
                                                    (e.g., name, address, etc.) submitted                   category is comprised only of krill,                   simpler than the active category control
                                                    voluntarily by the sender will be                       which is managed by a prohibition on                   rules, the inclusion of a large non-
                                                    publicly accessible. Do not submit                      targeting and retention.                               discretionary buffer between the OFL
                                                    confidential business information, or                      In September 2011, NMFS approved                    and ABC both protects the stock from
                                                    otherwise sensitive or protected                        Amendment 13 to the CPS FMP, which                     overfishing and allows for a small
                                                    information. NMFS will accept                           modified the framework process used to                 sustainable harvest. In recognition of the
                                                    anonymous comments (enter ‘‘N/A’’ in                    set and adjust fishery specifications and              low fishing effort and landings for these
                                                    the required fields if you wish to remain               for setting ACLs and accountability                    stocks, the Council chose this type of
                                                    anonymous).                                             measures (AMs). Amendment 13                           passive framework to manage monitored
                                                                                                            conformed the CPS FMP with the 2007                    finfish because the passive framework
                                                    FOR FURTHER INFORMATION CONTACT:
                                                                                                            amendments to the MSA and the NMFS                     has proven sufficient to prevent
                                                    Joshua Lindsay, West Coast Region,
                                                                                                            revised MSA National Standard 1 (NS1)                  overfishing while allowing for
                                                    NMFS, (562) 980–4034.
                                                                                                            guidelines at 50 CFR 600.310, which for                sustainable annual harvests even when
                                                    SUPPLEMENTARY INFORMATION: The CPS                                                                             the year-to-year biomasses of these
                                                                                                            the first time required ACLs be
                                                    fishery in the U.S. exclusive economic                  established for management unit species                stocks fluctuate.
                                                    zone (EEZ) off the West Coast is                        (with exceptions). Specifically,                          Although the OFLs and ABCs for
                                                    managed under the CPS FMP, which                        Amendment 13 maintained the existing                   these monitored finfish stocks were
                                                    was developed by the Pacific Fishery                    reference points and the primary harvest               previously established and are not being
                                                    Management Council (Council)                            control rules for the monitored stocks                 revised by this rulemaking,
                                                    pursuant to the Magnuson-Stevens                        (jack mackerel, northern anchovy and                   understanding these values is relevant
                                                    Fishery Conservation and Management                     market squid), including the large                     to ACLs because generally the ACL for
                                                    Act (MSA), 16 U.S.C. 1801 et seq. The                   uncertainty buffer built into the                      monitored stocks is expected to be set
                                                    six species managed under the CPS FMP                   acceptable biological catch (ABC)                      at ABC. Per the framework that was
                                                    are Pacific sardine, Pacific mackerel,                  control rule for the finfish stocks, as                established through Amendment 13, the
                                                    jack mackerel, northern anchovy                         well as the overfishing criteria for                   OFLs for the central subpopulation of
                                                    (northern and central subpopulations),                  market squid, but modified these                       northern anchovy and jack mackerel
                                                    market squid and krill. The CPS FMP is                  reference points and control rules to                  were set based on MSY values that were
                                                    implemented by regulations at 50 CFR                    align with the revised NS1 guidelines                  established through Amendment 8 to
                                                    part 660, subpart I.                                    and to comply with the new statutory                   the FMP. In 2015, Amendment 14 to the
                                                       Management unit stocks in the CPS                    requirement to establish a process for                 CPS FMP established an FMSY of 0.3 as
                                                    FMP are classified under three                          setting ACLs and AMs. This included a                  the MSY reference point for the
                                                    management categories: Active,                          default management framework under                     northern subpopulation of northern
                                                    monitored and prohibited harvest                        which the overfishing limit (OFL) for                  anchovy in the CPS FMP. However,
                                                    species. Stocks in the active category                  each monitored stock was set equal to                  because the framework in the FMP for
                                                    (Pacific sardine and Pacific mackerel)                  their existing maximum sustainable                     setting ABCs is based on applying a
                                                    are managed by regular stock                            yield (MSY) value, if available, and ABC               percentage to numerical MSY/OFLs, it
                                                    assessments and periodic or annual                      values were reduced from the OFL by 75                 was necessary to determine a numerical
                                                    adjustments of target harvest levels                                                                           OFL value through the specifications
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                                                                                                            percent as an uncertainty buffer (in
                                                    based on those stock assessments.                       accordance with the existing ABC                       process. Because the northern
                                                    Fisheries for these stocks have                         control rule, under which ABC equals                   subpopulation of the northern anchovy
                                                    biologically significant levels of catch,               25 percent of OFL/MSY). ACLs are then                  is currently lightly fished and effort has
                                                    or biological or socioeconomic                          set either equal to or lower than the                  been inconsistent over time, it was
                                                    considerations requiring this type of                                                                          determined that using a catch time
                                                    relatively intense harvest management                     1 Market squid is statutorily exempt from the        series as a way of setting the OFL was
                                                    procedures. In contrast, stocks in the                  general requirement to be managed using an ACL         not appropriate, as it likely was an
                                                    monitored category (jack mackerel,                      because of their short life-cycle.                     unreliable indicator of stock status.


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                                                                              Federal Register / Vol. 83, No. 6 / Tuesday, January 9, 2018 / Proposed Rules                                            1011

                                                    Therefore, the best available scientific                category—northern anchovy (northern                    to the Chief Counsel for Advocacy of the
                                                    information on the population and                       and central subpopulations) and jack                   Small Business Administration (SBA)
                                                    biology of northern subpopulation                       mackerel—have remained well below                      that this proposed rule, if adopted,
                                                    northern anchovy was compiled to                        their respective ACL (previously ABC)                  would not have a significant economic
                                                    develop an OFL. The available                           levels since implementation of the CPS                 impact on a substantial number of small
                                                    information included two separate                       FMP in 2000, with average catches in                   entities, for the reasons described
                                                    estimates of biomass, and the average of                the ten-year period from 2006–2015 of                  below.
                                                    these two estimates was approximately                   approximately 8,000 mt, 295 mt, and                       The primary action being
                                                    130,000 mt. After reviewing this                        580 mt for the central and northern                    implemented through this rule as it
                                                    information, the SSC recommended that                   subpopulations of northern anchovy                     relates to potential economic impacts on
                                                    the OFL be set by multiplying the                       and jack mackerel, respectively.                       small entities is the codification of
                                                    average of these two biomass estimates                     This proposed action will allow the                 multi-year ACLs for the two sub-stocks
                                                    (130,000 mt), by an FMSY 0.3. This                      proposed ACLs to remain in place for                   of northern anchovy and for jack
                                                    calculation results in an OFL of 39,000                 each subsequent calendar year until                    mackerel in the U.S. EEZ off the West
                                                    mt, and with the established uncertainty                changed. The Council and NMFS would                    coast. The CPS FMP and its
                                                    buffer of 75 percent, an ABC of 9,750                   consider future changes if landings                    implementing regulations require NMFS
                                                    mt.                                                     increase and consistently reach the                    to set ACLs for these fisheries based on
                                                       Through this action, NMFS is                         ABC/ACL level, if new scientific                       the harvest control rules in the FMP.
                                                    proposing to codify in 50 CFR part 660                  information becomes available to                          For Regulatory Flexibility Act (RFA)
                                                    subpart I ACLs for the three populations                warrant changes, or if changes are made                purposes only, NMFS has established a
                                                    of CPS finfish, which were implemented                  in the future to the existing ABCs or                  small business size standard for
                                                    for calendar year 2017 in the final rule                OFLs. The ACLs proposed in this action                 businesses, including their affiliates,
                                                    published on October 26, 2016, at 81 FR                 provide a means to monitor these stocks                whose primary industry is commercial
                                                    74309.2 The ACLs are: Jack mackerel,                    on an annual basis and prevent                         fishing (see 50 CFR 200.2). A business
                                                    31,000 mt; northern subpopulation of                    overfishing, as each year the total                    primarily engaged in commercial fishing
                                                    northern anchovy, 9,750 mt; and,                        harvest of each stock will be assessed                 (NAICS code 11411) is classified as a
                                                    central subpopulation of northern                       against their respective ACLs. These                   small business if it is independently
                                                    anchovy, 25,000 mt. These ACLs were                     ACLs would remain in place until                       owned and operated, is not dominant in
                                                    recommended to NMFS by the Council,                     changed according to the FMP                           its field of operation (including its
                                                    and were based on recommendations                       framework. Except for the northern                     affiliates), and has combined annual
                                                    from its advisory bodies according to                   subpopulation of northern anchovy, the                 receipts not in excess of $11 million for
                                                    the framework in the FMP established                    OFL and ABC specifications for the rest                all its affiliated operations worldwide.
                                                    through Amendment 13.                                   of these stocks have already been set in                  The average annual per vessel
                                                       NMFS notes that although the                         the FMP, and NMFS is not establishing                  revenue in 2016 for the West Coast CPS
                                                    proposed ACLs are equal to their                        or revising them by this action. The OFL               finfish small purse seine fleet, as well as
                                                    respective ABCs, NMFS has determined                    and ABC specifications for the northern                the few vessels that target anchovy off
                                                    that they are still at a level such that                subpopulation of northern anchovy                      of Oregon and Washington, was below
                                                    overfishing will not occur. The                         were established in the final rule                     $11 million; therefore, all of these
                                                    management framework, including the                     published October 26, 2016, which                      vessels are considered small businesses
                                                    buffer between the OFL and ABC built                    established these ACLs for the 2017                    under the SBA size standards. Because
                                                    into the harvest policy for CPS stocks in               fishing year only.                                     each affected vessel is a small business,
                                                    the monitored category, was                                If an ACL is reached, or is expected                this proposed rule has an equal effect on
                                                    recommended by the Council’s SSC,                       to be reached for one of these fisheries,              all of these small entities, and therefore
                                                    adopted by the Council and approved                     the directed fishery would be closed                   will impact a substantial number of
                                                    by NMFS as supported by the best                        until the beginning of the next fishing                these small entities in the same manner.
                                                    available science and as determined in                  season. The NMFS West Coast Regional                   The corresponding annual revenues
                                                    a manner that appropriately accounts                    Administrator would publish a notice in                from these species averaged to about
                                                    for the various types of scientific                     the Federal Register announcing the                    $62,000 and $1,900,000, for jack
                                                    uncertainty surrounding the OFL. This                   date of any such closure. Additionally,                mackerel and northern anchovy,
                                                    framework for accounting for                            nearing or exceeding one of these ACLs                 respectively.
                                                    uncertainty was subsequently used to                    would trigger a review of whether the                     The entities that would be affected by
                                                    establish the existing OFLs and ABCs                    fishery should be moved into the                       the proposed action are the vessels that
                                                    for these stocks, and NMFS does not                     actively managed category of the FMP.                  harvest jack mackerel and northern
                                                    propose to revise the existing OFLs and                                                                        anchovy as part of the West Coast CPS
                                                    ABCs by this proposed rule.                             Classification                                         purse seine fleet. Jack mackerel and
                                                    Additionally, setting lower ACLs or                       Pursuant to section 304(b)(1)(A) of the              northern anchovy are components of the
                                                    establishing additional ACTs to account                 Magnuson-Stevens Fishery                               CPS purse seine fishery off the U.S.
                                                    for management uncertainty is                           Conservation and Management Act, the                   West Coast, which generally fishes a
                                                    unnecessary at this time, as managers                   NMFS Assistant Administrator has                       complex of species, including Pacific
                                                    have the ability to manage and track the                determined that this proposed rule is                  sardine, Pacific mackerel and market
                                                    landings of these fisheries to ensure the                                                                      squid. Currently there are 58 vessels
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                                                                                                            consistent with the CPS FMP, other
                                                    ACLs are not exceeded. Catches of the                   provisions of the Magnuson-Stevens                     permitted in the Federal CPS limited
                                                    three finfish stocks in the monitored                   Fishery Conservation and Management                    entry fishery off California. Annually
                                                                                                            Act, and other applicable law.                         over the past 5 years, as few as 2 and
                                                      2 An annual catch target of 1,500 mt for the
                                                                                                              This proposed rule has been                          as many as 57 (an average 22) of these
                                                    northern subpopulation of northern anchovy was          determined to be not significant for                   CPS vessels landed anchovy and jack
                                                    also established by the October 26, 2016, final rule,
                                                    but is used for internal monitoring rather than         purposes of Executive Order 12866.                     mackerel. Approximately 26 baitfish
                                                    regulating the public and therefore need not be           The Chief Counsel for Regulation of                  licenses are issued annually in the state
                                                    codified.                                               the Department of Commerce certified                   of Washington to harvest northern


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                                                    1012                     Federal Register / Vol. 83, No. 6 / Tuesday, January 9, 2018 / Proposed Rules

                                                    anchovy. Since 2009, the state of Oregon                result, it is unlikely that the ACLs that                Authority: 16 U.S.C. 1801 et seq., 16
                                                    has not required a permit to harvest                    would be codified in this rule, if                     U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq.
                                                    anchovy in Oregon waters. Jack                          approved, would limit the profitability
                                                    mackerel is currently not fished in                     of the fleets catching these stocks.                   ■ 2. In § 660.509, paragraph (a) is
                                                    Oregon and Washington.                                  Therefore, this action would not have                  revised to read as follows:
                                                       To evaluate whether this proposed                    any economic impact, let alone impose                  § 660.509 Accountability measures
                                                    rule could potentially reduce the                       a significant economic impact on any of                (season closures).
                                                    profitability of the affected vessels,                  the small entities participating in these
                                                    NMFS compared current and average                       fisheries.                                                (a) General rule. When the directed
                                                    recent historical landings to the ACLs                     Based on the analysis above, the                    fishery allocation, incidental allocation,
                                                    that would be codified in this proposed                 proposed action, if adopted, would not                 or an annual catch limit is reached for
                                                    rule, if approved. The multi-year ACL                   have a significant economic impact on                  any CPS species it shall be closed until
                                                    (maximum fishing level for each year)                   a substantial number of small entities.                the beginning of the next fishing period
                                                    for the central subpopulation of                        As a result, an Initial Regulatory                     or season. Regional Administrator shall
                                                    northern anchovy is 25,000 mt and for                   Flexibility Analysis is not required, and              announce in the Federal Register the
                                                    the northern subpopulation ACL is                       none has been prepared.                                date of such closure, as well as any
                                                    9,750 mt. In 2016, 6,644 mt of the                         This action does not contain a                      incidental harvest level(s)
                                                    central population of northern anchovy                  collection of information requirement                  recommended by the Council and
                                                    and 7,263 mt of the northern                            for purposes of the Paperwork                          approved by NMFS.
                                                    subpopulation of northern anchovy                       Reduction Act.
                                                    were landed. The annual average                                                                                *      *    *     *    *
                                                                                                            List of Subjects in 50 CFR Part 660
                                                    harvest from 2007 to 2016 for the central                                                                      ■ 3. In § 660.511, a new paragraph (i) is
                                                    and northern subpopulations of                            Fisheries, Fishing, Reporting and                    added to read as follows:
                                                    northern anchovy is 7,400 mt and 910                    recordkeeping requirements.
                                                    mt, respectively. The jack mackerel ACL                   Dated: January 2, 2018.                              § 660.511   Catch restrictions.
                                                    is 31,000 mt. In 2016, approximately                    Samuel D. Rauch, III,                                  *      *     *    *    *
                                                    374 mt of jack mackerel were landed                     Deputy Assistant Administrator for                        (i) The following ACLs apply to
                                                    and average annual landings of jack                     Regulatory Programs, National Marine                   fishing for monitored stocks of CPS
                                                    mackerel over the last 10 years (2007–                  Fisheries Service.                                     finfish:
                                                    2016) was 662 mt. Prior landings of
                                                                                                              For the reasons set out in the                          (1) Jack mackerel: 31,000 mt.
                                                    these stocks have been well below the
                                                                                                            preamble, 50 CFR part 660 is proposed
                                                    proposed ACLs. Therefore, although                                                                                (2) Northern Anchovy (N.
                                                                                                            to be amended as follows:
                                                    codifying ACLs for these stocks is                                                                             Subpopulation): 9,750 mt.
                                                    considered a new management measure                     PART 660—FISHERIES OFF WEST
                                                    for these fisheries, based on current and                                                                         (3) Northern Anchovy (Central
                                                                                                            COAST STATES                                           Subpopulation): 25,000 mt.
                                                    historical landings of these stocks, this
                                                    proposed action is not expected to result               ■ 1. The authority citation for part 660               [FR Doc. 2018–00084 Filed 1–8–18; 8:45 a.m.]
                                                    in changes in fishery operations. As a                  continues to read as follows:                          BILLING CODE 3510–22–P
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Document Created: 2018-01-09 02:18:37
Document Modified: 2018-01-09 02:18:37
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received by February 8, 2018.
ContactJoshua Lindsay, West Coast Region, NMFS, (562) 980-4034.
FR Citation83 FR 1009 
RIN Number0648-BH18
CFR AssociatedFisheries; Fishing and Reporting and Recordkeeping Requirements

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