83 FR 24269 - Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 102 (May 25, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 102 (May 25, 2018)
| Page Range | 24269-24271 | |
| FR Document | 2018-11208 |
[Federal Register Volume 83, Number 102 (Friday, May 25, 2018)] [Proposed Rules] [Pages 24269-24271] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-11208] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 180320301-8301-01] RIN 0648-XG121 Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: NMFS proposes to implement annual management measures and catch limits for the northern subpopulation of Pacific sardine (hereafter, Pacific sardine), for the fishing year from July 1, 2018, through June 30, 2019. The proposed action would prohibit directed commercial fishing for Pacific sardine off the coasts of Washington, Oregon, and California, except in the live bait, tribal, or minor directed fisheries, or as incidental catch in other fisheries. The incidental harvest of Pacific sardine would initially be limited to 40- percent by weight of all fish per trip when caught with other CPS or up to 2 metric tons (mt) when caught with non-CPS. The proposed annual catch limit (ACL) for the 2018-2019 Pacific sardine fishing year is 7,000 mt. This proposed rule is intended to conserve and manage the Pacific sardine stock off the U.S. West Coast. DATES: Comments must be received by June 11, 2018. ADDRESSES: You may submit comments on this document, identified by NOAA-NMFS-2018-0044, 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-2018-0044, 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 sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. 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.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ``N/A'' in the required fields if you wish to remain anonymous). Copies of the report ``Assessment of Pacific Sardine Resource in 2018 for U.S.A. Management in 2017-2018'' are available http://www.pcouncil.org/wp-content/uploads/2017/03/G5a_Stock_Assessment_Rpt_Full_ElectricOnly_Apr2017BB.pdf, and may be obtained from the West Coast Region (see ADDRESSES). FOR FURTHER INFORMATION CONTACT: Joshua Lindsay, West Coast Region, NMFS, (562) 980-4034, joshua.lindsay@noaa.gov. SUPPLEMENTARY INFORMATION: NMFS manages the Pacific sardine fishery in the U.S. exclusive economic zone (EEZ) off the Pacific coast (California, Oregon, and Washington) in accordance with the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP). The FMP and its implementing regulations require NMFS to set annual catch levels for the Pacific sardine fishery based on the annual specification framework and control rules in the FMP. These control rules include the harvest guideline (HG) control rule, which, in conjunction with the overfishing limit (OFL) and acceptable biological catch (ABC) rules in the FMP, are used to manage harvest levels for Pacific sardine, in accordance with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act), 16 U.S.C. 1801 et seq. During public meetings each year, the Southwest Fishery Science Center (SWFSC) presents the estimated biomass for Pacific sardine to the Pacific Fishery Management Council's (Council) CPS Management Team (Team), the Council's CPS Advisory Subpanel (Subpanel) and the Council's Scientific and Statistical Committee [[Page 24270]] (SSC). The Team, Subpanel and SSC review the biomass and the status of the fishery, and make applicable catch limit and additional management measure recommendations. Following Council review and public comment, the Council adopts a biomass estimate and makes its catch limit and any in-season accountability measure recommendations to NMFS. Annual specifications published in the Federal Register establish these catch limits and management measures for each Pacific sardine fishing year. This rule proposes the Council's recommended catch limits for the 2018- 2019 fishing year, as well as management measures to ensure that harvest does not exceed those limits, and adoption of an OFL and ABC that is established after taking into consideration uncertainty surrounding the current estimate of biomass for Pacific sardine. According to the FMP, the quota for the principal commercial fishery is determined using the FMP-specified HG formula. The HG formula in the CPS FMP is HG = [(Biomass-CUTOFF) * FRACTION * DISTRIBUTION] with the parameters described as follows: 1. Biomass. The estimated stock biomass of Pacific sardine age one and above. For the 2018-2019 management season, this is 52,065 mt. 2. CUTOFF. This is the biomass level below which no HG is set. The FMP established this level at 150,000 mt. 3. DISTRIBUTION. The average portion of the Pacific sardine biomass estimated in the EEZ off the Pacific coast is 87 percent. 4. FRACTION. The temperature-varying harvest fraction is the percentage of the biomass above 150,000 mt that may be harvested. As described above, the Pacific sardine HG control rule, the primary mechanism for setting the annual directed commercial fishery quota, includes a CUTOFF parameter, which has been set as a biomass level of 150,000 mt. This amount is subtracted from the annual biomass estimate before calculating the applicable HG for the fishing year. Since this year's biomass estimate is below that value, the formula results in an HG of zero, and no Pacific sardine are available for the primary commercial directed fishery during the 2018-2019 fishing season. At the April 2018 Council meeting, the Council's SSC approved, and the Council adopted, the SWFSC's ``Assessment of the Pacific Sardine Resource in 2018 for U.S. Management in 2018-2019'', available here: http://www.pcouncil.org/wp-content/uploads/2017/03/G5a_Stock_Assessment_Rpt_Full_ElectricOnly_Apr2017BB.pdf. The resulting Pacific sardine biomass estimate of 52,065 mt was adopted as the best available science for setting harvest specifications. Based on recommendations from its SSC and other advisory bodies, the Council recommended, and NMFS is proposing, an OFL of 11,324 mt, an ABC of 9,436 mt, and a prohibition on Pacific sardine catch, unless it is harvested as part of the live bait, tribal, or minor directed fisheries, or as incidental catch in other fisheries. As an additional management measure, the Council also recommended, and NMFS is proposing, an ACL of 7,000 mt. Because Pacific sardine is known to school with other CPS stocks, the Council recommended, and NMFS is proposing, incidental catch limits to allow for the continued prosecution of these other important CPS fisheries. Furthermore, the Council recommended, and NMFS is proposing, the following automatic inseason actions to reduce the potential for both targeting and discard of Pacific sardine in these fisheries: An incidental per landing by weight allowance of 40 percent Pacific sardine in non-treaty CPS fisheries until a total of 2,500 mt of Pacific sardine has been landed; and A reduction of the incidental per landing allowance to 20 percent for the remainder of the 2018-2019 fishing year once 2,500 mt Pacific sardine has been landed. Additionally, the Council recommended, and NMFS is proposing, a 2-mt incidental per landing allowance in non-CPS fisheries. The NMFS West Coast Regional Administrator would publish a notice in the Federal Register to announce when catch reaches the incidental limits as well as any changes to allowable incidental catch percentages. Additionally, to ensure that the regulated community is informed of any closure, NMFS would make announcements through other means available, including fax, email, and mail to fishermen, processors, and state fishery management agencies. In each of the previous six fishing years, the Quinault Indian Nation requested, and NMFS approved, a set-aside for the exclusive right to harvest Pacific sardine in the Quinault Usual and Accustomed Fishing Area off the coast of Washington State, pursuant to the 1856 Treaty of Olympia (Treaty with the Quinault). For the 2018-2019 fishing year, the Quinault Indian Nation has requested, and NMFS is proposing, a tribal set-aside of 800 mt. This is the same amount that was requested and approved for the 2017-2018 season. At the April 2018 meeting, the Council also voted in support of two exempted fishing permit (EFP) proposals requesting an exemption from the prohibition to directly harvest Pacific sardine. This action accounts for the potential of NMFS approval of up to 610 mt of the ACL to be harvested for EFP activities. Detailed information on the fishery and the stock assessment are found in the report ``Assessment of the Pacific Sardine Resource in 2018 for U.S. Management in 2018-2019'' (see ADDRESSES). 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 is exempt from the procedures of E.O. 12866 because this action contains no implementing regulations. Pursuant to Executive Order 13175, this proposed rule was developed after meaningful consultation and collaboration with the tribal representative on the Council who has agreed with the provisions that apply to tribal vessels. 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. The purpose of this proposed rule is to conserve the Pacific sardine stock by preventing overfishing, so that directed fishing may occur in future years. This will be accomplished by implementing the 2018-2019 annual specifications for Pacific sardine in the U.S. EEZ off the Pacific coast. The small entities that would be affected by the proposed action are the vessels that would be expected to harvest Pacific sardine as [[Page 24271]] part of the West Coast CPS small purse seine fleet if the fishery were open. In 2014, the last year that a directed fishery for Pacific sardine was allowed, there were approximately 81 vessels permitted to operate in the directed sardine fishery component of the CPS fishery off the U.S. West Coast; 58 vessels in the Federal CPS limited entry fishery off California (south of 39[deg] N lat.); and a combined 23 vessels in Oregon and Washington's state Pacific sardine fisheries. The average annual per vessel revenue in 2014 for those vessels was well below the threshold level of $11 million; therefore, all of these vessels are considered small businesses under the RFA. Because each affected vessel is a small business, this proposed rule is considered to equally affect all of these small entities in the same manner. Therefore, this rule would not create disproportionate costs between small and large vessels/businesses. The CPS FMP and its implementing regulations require NMFS to annually set an OFL, ABC, ACL, and HG or annual catch target (ACT) for the Pacific sardine fishery based on the specified harvest control rules in the FMP applied to the current stock biomass estimate for that year. The derived annual HG is the level typically used to manage the principal commercial sardine fishery and is the harvest level NMFS typically uses for profitability analysis each year. As stated above, the CPS FMP dictates that when the estimated biomass drops below a certain level (150,000 mt) there is no HG. Therefore, for the purposes of profitability analysis, this action is essentially proposing an HG of zero for the 2018-2019 Pacific sardine fishing season (July 1, 2018, through June 30, 2019). The estimated biomass used for management during the preceding fishing year (2017-2018) was also below 150,000 mt. Therefore, NMFS did not implement a HG for the 2017-2018 fishing year, thereby prohibiting the primary commercial directed Pacific sardine fishery. Since there is again no directed fishing for the 2018- 2019 fishing year, this proposed rule will not change the potential profitability as compared to the previous fishing year. The revenue derived from harvesting Pacific sardine is typically only one of the sources of fishing revenue for the commercial vessels that participate in this fishery. As a result, the economic impact to the fleet from the proposed action cannot be viewed in isolation. From year to year, depending on market conditions and availability of fish, most CPS/sardine vessels supplement their income by harvesting other species. Many vessels in California also harvest anchovy, mackerel, and in particular, squid, making Pacific sardine only one component of a multi-species CPS fishery. Additionally, some sardine vessels that operate off of Oregon and Washington also fish for salmon in Alaska or squid in California during times of the year when sardine are not available. The purpose of the incidental catch limits proposed in this action are to ensure the vessels impacted by a prohibition on directly harvesting sardine can still access these other profitable fisheries while still minimizing Pacific sardine harvest. These proposed incidental allowances are similar to those implemented last year and should not restrict access to those other fisheries. CPS vessels typically rely on multiple species for profitability because abundance of Pacific sardine, like the other CPS stocks, is highly associated with ocean conditions and seasonality. Variability in ocean conditions and season results in variability in the timing and location of CPS harvest throughout the year. Because each species responds to ocean conditions in its own way, not all CPS stocks are likely to be abundant at the same time. Therefore, as abundance levels and markets fluctuate, the CPS fishery as a whole has relied on a group of species for its annual revenues. Therefore the proposed action, if adopted, will 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 Paper Reduction Act. Authority: 16 U.S.C. 1801 et seq. Dated: May 21, 2018. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2018-11208 Filed 5-24-18; 8:45 am] BILLING CODE 3510-22-P
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that complies with the provisions of the List of Subjects in 40 CFR Part 52 complete the required fields, and enter
CAA and applicable Federal regulations. Environmental protection, Air or attach your comments.
42 U.S.C. 7410(k); 40 CFR 52.02(a). pollution control, Incorporation by • Mail: Submit written comments to
Thus, in reviewing SIP submissions, reference, Intergovernmental relations, Barry A. Thom, Regional Administrator,
EPA’s role is to approve state choices, Nitrogen oxides, Ozone, Volatile organic West Coast Region, NMFS, 501 W Ocean
provided that they meet the criteria of compounds. Blvd., Ste. 4200, Long Beach, CA
the CAA. Accordingly, this action 90802–4250; Attn: Joshua Lindsay.
merely approves State law as meeting Dated: May 16, 2018. • Instructions: Comments sent by any
Federal requirements and does not Cathy Stepp, other method, to any other address or
impose additional requirements beyond Regional Administrator, Region 5. individual, or received after the end of
those imposed by State law. For that [FR Doc. 2018–11313 Filed 5–24–18; 8:45 am] the comment period, may not be
reason, this action: BILLING CODE 6560–50–P considered by NMFS. All comments
• Is not a ‘‘significant regulatory received are a part of the public record
action’’ subject to review by the Office and will generally be posted for public
of Management and Budget under DEPARTMENT OF COMMERCE viewing on www.regulations.gov
Executive Orders 12866 (58 FR 51735, without change. All personal identifying
October 4, 1993) and 13563 (76 FR 3821, National Oceanic and Atmospheric information (e.g., name, address, etc.),
January 21, 2011); Administration confidential business information, or
• Does not impose an information otherwise sensitive information
collection burden under the provisions 50 CFR Part 660 submitted voluntarily by the sender will
of the Paperwork Reduction Act (44 be publicly accessible. NMFS will
[Docket No. 180320301–8301–01]
U.S.C. 3501 et seq.); accept anonymous comments (enter
RIN 0648–XG121 ‘‘N/A’’ in the required fields if you wish
• Is certified as not having a
to remain anonymous).
significant economic impact on a Fisheries Off West Coast States; Copies of the report ‘‘Assessment of
substantial number of small entities Coastal Pelagic Species Fisheries; Pacific Sardine Resource in 2018 for
under the Regulatory Flexibility Act (5 Annual Specifications U.S.A. Management in 2017–2018’’ are
U.S.C. 601 et seq.); available http://www.pcouncil.org/wp-
• Does not contain any unfunded AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and content/uploads/2017/03/G5a_Stock_
mandate or significantly or uniquely Assessment_Rpt_Full_ElectricOnly_
affect small governments, as described Atmospheric Administration (NOAA),
Commerce. Apr2017BB.pdf, and may be obtained
in the Unfunded Mandates Reform Act from the West Coast Region (see
of 1995 (Pub. L. 104–4); ACTION: Proposed rule.
ADDRESSES).
• Does not have Federalism SUMMARY: NMFS proposes to implement FOR FURTHER INFORMATION CONTACT:
implications as specified in Executive annual management measures and catch Joshua Lindsay, West Coast Region,
Order 13132 (64 FR 43255, August 10, limits for the northern subpopulation of NMFS, (562) 980–4034, joshua.lindsay@
1999); Pacific sardine (hereafter, Pacific noaa.gov.
• Is not an economically significant sardine), for the fishing year from July SUPPLEMENTARY INFORMATION: NMFS
regulatory action based on health or 1, 2018, through June 30, 2019. The manages the Pacific sardine fishery in
safety risks subject to Executive Order proposed action would prohibit directed the U.S. exclusive economic zone (EEZ)
13045 (62 FR 19885, April 23, 1997); commercial fishing for Pacific sardine off the Pacific coast (California, Oregon,
• Is not a significant regulatory action off the coasts of Washington, Oregon, and Washington) in accordance with the
subject to Executive Order 13211 (66 FR and California, except in the live bait, Coastal Pelagic Species (CPS) Fishery
28355, May 22, 2001); tribal, or minor directed fisheries, or as Management Plan (FMP). The FMP and
• Is not subject to requirements of incidental catch in other fisheries. The its implementing regulations require
Section 12(d) of the National incidental harvest of Pacific sardine NMFS to set annual catch levels for the
Technology Transfer and Advancement would initially be limited to 40-percent Pacific sardine fishery based on the
Act of 1995 (15 U.S.C. 272 note) because by weight of all fish per trip when annual specification framework and
application of those requirements would caught with other CPS or up to 2 metric control rules in the FMP. These control
be inconsistent with the CAA; and tons (mt) when caught with non-CPS. rules include the harvest guideline (HG)
• Does not provide EPA with the The proposed annual catch limit (ACL) control rule, which, in conjunction with
discretionary authority to address, as for the 2018–2019 Pacific sardine the overfishing limit (OFL) and
appropriate, disproportionate human fishing year is 7,000 mt. This proposed acceptable biological catch (ABC) rules
health or environmental effects, using rule is intended to conserve and manage in the FMP, are used to manage harvest
practicable and legally permissible the Pacific sardine stock off the U.S. levels for Pacific sardine, in accordance
methods, under Executive Order 12898 West Coast. with the Magnuson-Stevens Fishery
(59 FR 7629, February 16, 1994). DATES: Comments must be received by Conservation and Management Act
In addition, the SIP is not approved June 11, 2018. (Magnuson-Stevens Act), 16 U.S.C. 1801
to apply on any Indian reservation land ADDRESSES: You may submit comments et seq.
or in any other area where EPA or an on this document, identified by NOAA– During public meetings each year, the
amozie on DSK3GDR082PROD with PROPOSALS1
Indian tribe has demonstrated that a NMFS–2018–0044, by any of the Southwest Fishery Science Center
tribe has jurisdiction. In those areas of following methods: (SWFSC) presents the estimated
Indian country, the rule does not have • Electronic Submissions: Submit all biomass for Pacific sardine to the Pacific
tribal implications and will not impose electronic public comments via the Fishery Management Council’s
substantial direct costs on tribal Federal e-Rulemaking Portal. Go to (Council) CPS Management Team
governments or preempt tribal law as www.regulations.gov/ (Team), the Council’s CPS Advisory
specified by Executive Order 13175 (65 #!docketDetail;D=NOAA-NMFS-2018- Subpanel (Subpanel) and the Council’s
FR 67249, November 9, 2000). 0044, click the ‘‘Comment Now!’’ icon, Scientific and Statistical Committee
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(SSC). The Team, Subpanel and SSC resulting Pacific sardine biomass At the April 2018 meeting, the
review the biomass and the status of the estimate of 52,065 mt was adopted as Council also voted in support of two
fishery, and make applicable catch limit the best available science for setting exempted fishing permit (EFP)
and additional management measure harvest specifications. Based on proposals requesting an exemption from
recommendations. Following Council recommendations from its SSC and the prohibition to directly harvest
review and public comment, the other advisory bodies, the Council Pacific sardine. This action accounts for
Council adopts a biomass estimate and recommended, and NMFS is proposing, the potential of NMFS approval of up to
makes its catch limit and any in-season an OFL of 11,324 mt, an ABC of 9,436 610 mt of the ACL to be harvested for
accountability measure mt, and a prohibition on Pacific sardine EFP activities.
recommendations to NMFS. Annual catch, unless it is harvested as part of Detailed information on the fishery
specifications published in the Federal the live bait, tribal, or minor directed and the stock assessment are found in
Register establish these catch limits and fisheries, or as incidental catch in other the report ‘‘Assessment of the Pacific
management measures for each Pacific fisheries. As an additional management Sardine Resource in 2018 for U.S.
sardine fishing year. This rule proposes measure, the Council also Management in 2018–2019’’ (see
the Council’s recommended catch limits recommended, and NMFS is proposing, ADDRESSES).
for the 2018–2019 fishing year, as well an ACL of 7,000 mt. Classification
as management measures to ensure that Because Pacific sardine is known to
harvest does not exceed those limits, school with other CPS stocks, the Pursuant to section 304(b)(1)(A) of the
and adoption of an OFL and ABC that Council recommended, and NMFS is Magnuson-Stevens Act, the NMFS
is established after taking into proposing, incidental catch limits to Assistant Administrator has determined
consideration uncertainty surrounding allow for the continued prosecution of that this proposed rule is consistent
the current estimate of biomass for these other important CPS fisheries. with the CPS FMP, other provisions of
Pacific sardine. Furthermore, the Council the Magnuson-Stevens Act, and other
According to the FMP, the quota for recommended, and NMFS is proposing, applicable law, subject to further
the principal commercial fishery is the following automatic inseason consideration after public comment.
determined using the FMP-specified HG actions to reduce the potential for both This proposed rule is exempt from the
formula. The HG formula in the CPS targeting and discard of Pacific sardine procedures of E.O. 12866 because this
FMP is HG = [(Biomass-CUTOFF) * in these fisheries: action contains no implementing
FRACTION * DISTRIBUTION] with the • An incidental per landing by weight regulations.
parameters described as follows: allowance of 40 percent Pacific sardine Pursuant to Executive Order 13175,
1. Biomass. The estimated stock in non-treaty CPS fisheries until a total this proposed rule was developed after
biomass of Pacific sardine age one and of 2,500 mt of Pacific sardine has been meaningful consultation and
above. For the 2018–2019 management landed; and collaboration with the tribal
season, this is 52,065 mt. • A reduction of the incidental per representative on the Council who has
2. CUTOFF. This is the biomass level landing allowance to 20 percent for the agreed with the provisions that apply to
below which no HG is set. The FMP remainder of the 2018–2019 fishing year tribal vessels.
established this level at 150,000 mt. once 2,500 mt Pacific sardine has been The Chief Counsel for Regulation of
3. DISTRIBUTION. The average landed. the Department of Commerce certified
portion of the Pacific sardine biomass Additionally, the Council to the Chief Counsel for Advocacy of the
estimated in the EEZ off the Pacific recommended, and NMFS is proposing, Small Business Administration that this
coast is 87 percent. a 2-mt incidental per landing allowance proposed rule, if adopted, would not
4. FRACTION. The temperature- in non-CPS fisheries. have a significant economic impact on
varying harvest fraction is the The NMFS West Coast Regional a substantial number of small entities,
percentage of the biomass above 150,000 Administrator would publish a notice in for the following reasons:
mt that may be harvested. the Federal Register to announce when For Regulatory Flexibility Act (RFA)
As described above, the Pacific catch reaches the incidental limits as purposes only, NMFS has established a
sardine HG control rule, the primary well as any changes to allowable small business size standard for
mechanism for setting the annual incidental catch percentages. businesses, including their affiliates,
directed commercial fishery quota, Additionally, to ensure that the whose primary industry is commercial
includes a CUTOFF parameter, which regulated community is informed of any fishing (see 50 CFR 200.2). A business
has been set as a biomass level of closure, NMFS would make primarily engaged in commercial fishing
150,000 mt. This amount is subtracted announcements through other means (NAICS code 11411) is classified as a
from the annual biomass estimate before available, including fax, email, and mail small business if it is independently
calculating the applicable HG for the to fishermen, processors, and state owned and operated, is not dominant in
fishing year. Since this year’s biomass fishery management agencies. its field of operation (including its
estimate is below that value, the formula In each of the previous six fishing affiliates), and has combined annual
results in an HG of zero, and no Pacific years, the Quinault Indian Nation receipts not in excess of $11 million for
sardine are available for the primary requested, and NMFS approved, a set- all its affiliated operations worldwide.
commercial directed fishery during the aside for the exclusive right to harvest The purpose of this proposed rule is
2018–2019 fishing season. Pacific sardine in the Quinault Usual to conserve the Pacific sardine stock by
At the April 2018 Council meeting, and Accustomed Fishing Area off the preventing overfishing, so that directed
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the Council’s SSC approved, and the coast of Washington State, pursuant to fishing may occur in future years. This
Council adopted, the SWFSC’s the 1856 Treaty of Olympia (Treaty with will be accomplished by implementing
‘‘Assessment of the Pacific Sardine the Quinault). For the 2018–2019 the 2018–2019 annual specifications for
Resource in 2018 for U.S. Management fishing year, the Quinault Indian Nation Pacific sardine in the U.S. EEZ off the
in 2018–2019’’, available here: http:// has requested, and NMFS is proposing, Pacific coast. The small entities that
www.pcouncil.org/wp-content/uploads/ a tribal set-aside of 800 mt. This is the would be affected by the proposed
2017/03/G5a_Stock_Assessment_Rpt_ same amount that was requested and action are the vessels that would be
Full_ElectricOnly_Apr2017BB.pdf. The approved for the 2017–2018 season. expected to harvest Pacific sardine as
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part of the West Coast CPS small purse profitability analysis, this action is profitable fisheries while still
seine fleet if the fishery were open. In essentially proposing an HG of zero for minimizing Pacific sardine harvest.
2014, the last year that a directed fishery the 2018–2019 Pacific sardine fishing These proposed incidental allowances
for Pacific sardine was allowed, there season (July 1, 2018, through June 30, are similar to those implemented last
were approximately 81 vessels 2019). The estimated biomass used for year and should not restrict access to
permitted to operate in the directed management during the preceding those other fisheries.
sardine fishery component of the CPS fishing year (2017–2018) was also below CPS vessels typically rely on multiple
fishery off the U.S. West Coast; 58 150,000 mt. Therefore, NMFS did not species for profitability because
vessels in the Federal CPS limited entry implement a HG for the 2017–2018 abundance of Pacific sardine, like the
fishery off California (south of 39° N fishing year, thereby prohibiting the other CPS stocks, is highly associated
lat.); and a combined 23 vessels in primary commercial directed Pacific with ocean conditions and seasonality.
Oregon and Washington’s state Pacific sardine fishery. Since there is again no Variability in ocean conditions and
sardine fisheries. The average annual directed fishing for the 2018–2019 season results in variability in the
per vessel revenue in 2014 for those fishing year, this proposed rule will not timing and location of CPS harvest
vessels was well below the threshold change the potential profitability as throughout the year. Because each
level of $11 million; therefore, all of compared to the previous fishing year. species responds to ocean conditions in
these vessels are considered small The revenue derived from harvesting its own way, not all CPS stocks are
businesses under the RFA. Because each Pacific sardine is typically only one of likely to be abundant at the same time.
affected vessel is a small business, this the sources of fishing revenue for the Therefore, as abundance levels and
proposed rule is considered to equally commercial vessels that participate in markets fluctuate, the CPS fishery as a
affect all of these small entities in the this fishery. As a result, the economic whole has relied on a group of species
same manner. Therefore, this rule impact to the fleet from the proposed for its annual revenues.
would not create disproportionate costs action cannot be viewed in isolation. Therefore the proposed action, if
between small and large vessels/ From year to year, depending on market adopted, will not have a significant
businesses. conditions and availability of fish, most economic impact on a substantial
The CPS FMP and its implementing CPS/sardine vessels supplement their number of small entities. As a result, an
regulations require NMFS to annually income by harvesting other species. Initial Regulatory Flexibility Analysis is
set an OFL, ABC, ACL, and HG or Many vessels in California also harvest not required, and none has been
annual catch target (ACT) for the Pacific anchovy, mackerel, and in particular, prepared.
sardine fishery based on the specified squid, making Pacific sardine only one This action does not contain a
harvest control rules in the FMP applied component of a multi-species CPS collection-of-information requirement
to the current stock biomass estimate for fishery. Additionally, some sardine for purposes of the Paper Reduction Act.
that year. The derived annual HG is the vessels that operate off of Oregon and
Authority: 16 U.S.C. 1801 et seq.
level typically used to manage the Washington also fish for salmon in
principal commercial sardine fishery Alaska or squid in California during Dated: May 21, 2018.
and is the harvest level NMFS typically times of the year when sardine are not Samuel D. Rauch III,
uses for profitability analysis each year. available. The purpose of the incidental Deputy Assistant Administrator for
As stated above, the CPS FMP dictates catch limits proposed in this action are Regulatory Programs, National Marine
that when the estimated biomass drops to ensure the vessels impacted by a Fisheries Service.
below a certain level (150,000 mt) there prohibition on directly harvesting [FR Doc. 2018–11208 Filed 5–24–18; 8:45 am]
is no HG. Therefore, for the purposes of sardine can still access these other BILLING CODE 3510–22–P
amozie on DSK3GDR082PROD with PROPOSALS1
VerDate Sep<11>2014 17:49 May 24, 2018 Jkt 244001 PO 00000 Frm 00039 Fmt 4702 Sfmt 9990 E:\FR\FM\25MYP1.SGM 25MYP1](https://thefederalregister.org/doc/83_FR_24371/page/3.svg)
Document Created: 2018-05-25 02:12:52
Document Modified: 2018-05-25 02:12:52
| 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 June 11, 2018. | |
| Contact | Joshua Lindsay, West Coast Region, NMFS, (562) 980-4034, [email protected] | |
| FR Citation | 83 FR 24269 | |
| RIN Number | 0648-XG12 |
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