83 FR 28783 - Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Biennial Specifications
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 120 (June 21, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 120 (June 21, 2018)
| Page Range | 28783-28784 | |
| FR Document | 2018-13337 |
[Federal Register Volume 83, Number 120 (Thursday, June 21, 2018)] [Rules and Regulations] [Pages 28783-28784] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-13337] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 170901861-8524-02] RIN 0648-BH08 Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Biennial Specifications AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule implements annual harvest specifications and management measures to establish allowable catch levels for Pacific mackerel for the fishing years 2017-2018 and 2018-2019. The harvest guideline (HG) and annual catch target (ACT) for the 2017-2018 fishing year are 26,293 metric tons (mt) and 25,293 mt, respectively. The HG and ACT for the 2018-2019 fishing year are 23,840 mt and 22,840 mt, respectively. The ACT serves as the primary directed commercial harvest quotas. If the fishery attains the ACT in either fishing year, the directed fishery will close, reserving the difference between the HG and ACT as a 1,000 mt set-aside for incidental landings in other fisheries. If the HG is reached, all retention would be prohibited through the end of the fishing year. This rule is intended to conserve and manage the Pacific mackerel stock off the U.S. West Coast. DATES: Effective July 23, 2018 through June 30, 2019. ADDRESSES: Copies of the report, ``Pacific Mackerel Biomass Projection Estimate for USA Management in 2017-2018 and 2018-2019'' may be obtained from the West Coast Regional Office, 501 W Ocean Blvd., Ste. 4200, Long Beach, CA 90802-4250. FOR FURTHER INFORMATION CONTACT: Joshua Lindsay, West Coast Region, NMFS, (562) 980-4034. SUPPLEMENTARY INFORMATION: Under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801 et seq., NMFS manages the Pacific mackerel fishery in the U.S. Exclusive Economic Zone off the West Coast in accordance with the Coastal Pelagic Species (CSP) Fishery Management Plan (FMP). The CPS FMP and its implementing regulations require NMFS to set annual harvest specifications for the Pacific mackerel fishery based on the annual specification framework and control rules in the FMP. The control rules in the CPS FMP include the HG control rule, which in conjunction with the overfishing limit (OFL) and acceptable biological catch (ABC) rules, are used to manage harvest levels for Pacific mackerel. According to the FMP, the quota for the principal commercial fishery, the HG, is determined using the FMP-specified HG formula. The HG is based, in large part, on the current estimate of stock biomass. The biomass estimate is an explicit part of the various harvest control rules for Pacific mackerel, and as the estimated biomass decreases or increases from one year to the next, the resulting allowable catch levels similarly trend. More information on the Pacific Fishery Management Council's (Council) process for developing Pacific mackerel harvest specifications and more detail on the HG control rule are provided in the proposed rule for this action (82 FR 56204) and are not repeated here. The purpose of this final rule is to implement these harvest specifications, which include allowable harvest levels (ACT, HG, annual catch limit (ACL)), as well as annual catch reference points (OFL and ABC) that take into consideration uncertainty surrounding the current biomass estimates for Pacific mackerel for the 2017-2018 and 2018-2019 fishing years. As described above, the Pacific mackerel HG control rule is the primary mechanism for setting the annual commercial fishery quota, however the Council recommended, and NMFS is implementing, ACTs under the HG that will trigger a closure of directed commercial fishing for Pacific mackerel and incidental harvest provisions. The reason for instituting an ACT and closing directed fishing at the ACT instead of all commercial catch at the HG, is that Pacific mackerel commonly school with other CPS; the 1,000 mt buffer between the ACT and HG would allow for the continued prosecution of these other important CPS fisheries after the ACT for Pacific mackerel is attained. The OFL is the catch level above which overfishing would be occurring and the ABC is set below the OFL to account for scientific uncertainty in the OFL. The ACL can be set equal to or less than the ABC if necessary to ensure overfishing does not occur and serves as the basis to invoke management controls that can prevent the ACL from being exceeded and to correct or mitigate overages of the ACL if they occur, and can be set no higher than the ABC. The Council recommended, and NMFS is implementing, Pacific mackerel harvest specifications and management measures for both the 2017-2018 and 2018-2019 fishing years. For the 2017-2018 Pacific mackerel fishing year these include an OFL of 30,115 mt, an ABC and ACL of 27,510 mt, a HG of 26,293 mt, and an ACT of 25,293 mt. For the 2018-2019 Pacific mackerel fishing year these include an OFL of 27,662 mt, an ABC and ACL of 25,269 mt, a HG of 23,840 mt, and an ACT of 22,840 mt. The Pacific mackerel fishing season runs from July 1 to June 30. These catch specifications are based on the control rules established in the CPS FMP and biomass estimates of 143,403 mt (2017-2018) and 131,724 mt (2018-2019). These biomass estimates are the result of the NMFS Southwest Fishery Science Center's Pacific mackerel stock assessment completed in June 2015, and a subsequent catch-only projection estimate completed in June 2017. The Council's Scientific and Statistical Committee approved the biomass estimates from the assessment and catch- only projection estimate as the best available scientific information for management at its June 2017 meeting (see ADDRESSES). Upon the unlikely attainment of the ACT in either fishing year, directed fishing would close, reserving the difference between the HG and ACT (1,000 mt) as a set aside for incidental landings in other fisheries and other sources of mortality. For the remainder of the fishing year, incidental landings would be constrained to a 45-percent incidental catch allowance when Pacific [[Page 28784]] mackerel are landed with other CPS (in other words, no more than 45 percent by weight of the CPS landed per trip may be Pacific mackerel) or up to 3 mt of Pacific mackerel could be landed incidentally in non- CPS fisheries.\1\ Upon attainment or projected attainment of the HG, no retention of Pacific mackerel would be allowed even as incidental catch. Limited incidental landing of Pacific mackerel in other fisheries, particularly other CPS fisheries, is necessary when the directed fishery is closed to reduce potential discarding of Pacific mackerel and allow for continued prosecution of other important stocks that may school with Pacific mackerel. --------------------------------------------------------------------------- \1\ The following directed fisheries would be allowed to continue: (i) Fishing for live bait and (ii) minor directed fishing (after March 16, 2018) until the HG is taken, provided the amount retained does not exceed 1 mt per day per vessel or person, and which is limited to 1 fishing trip per day by any vessel. --------------------------------------------------------------------------- The NMFS West Coast Regional Administrator will publish a notice in the Federal Register announcing the date of any closure of either: (1) Directed fishing, when harvest levels near or attain the ACT; or (2) retention, including by incidental fishing, when harvest levels near or attain the HG. Additionally, to ensure the regulated community is informed of closures, NMFS will make announcements through all other means available, including fax, email, and mail to fishermen, processors, and state fishery management agencies. This rule would also add paragraph (p) to the prohibitions section at 50 CFR 660.505 referencing the prohibition on retention, possession, or landing of Pacific mackerel for the remainder of the year after the closure date specified in the Federal Register notice published by the Regional Administrator. On November 28, 2017, a proposed rule was published in the Federal Register (82 FR 56204) soliciting public comments through December 28, 2017. NMFS did not receive any relevant public comments on the proposed rule. In the SUMMARY section of the proposed rule only, NMFS mistakenly stated that the 1,000-mt set aside would be reserved ``for incidental landings in other CPS fisheries and other sources of mortality.'' In fact, as stated in the rest of the proposed rule and throughout this rule, the 1,000-mt set aside is reserved for incidental landings in other fisheries (not just CPS fisheries) and other sources of mortality. Classification Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the NMFS Assistant Administrator has determined that this final rule is consistent with the CPS FMP, other provisions of the Magnuson-Stevens Act, and other applicable law. This final rule has been determined to be not significant for purposes of Executive Order 12866. The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration during the proposed rule stage that this action would not have a significant economic impact on a substantial number of small entities. The factual basis for the certification was published in the proposed rule and is not repeated here. No comments were received regarding this certification. As a result, a regulatory flexibility analysis was not required and none was prepared. This action does not contain a collection-of-information requirement for purposes of the Paperwork Reduction Act. List of Subjects in 50 CFR Part 660 Fisheries, Fishing, Reporting and recordkeeping requirements. Dated: June 18, 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 amended as follows: PART 660--FISHERIES OFF WEST COAST STATES 0 1. The authority citation for part 660 continues to read as follows: Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq. 0 2. In Sec. 660.505, add a new paragraph (p) to read as follows: Sec. 660.505 Prohibitions. * * * * * (p) Retain, possess or land Pacific mackerel after an announcement under Sec. 660.511(j) that the harvest guideline has been taken or is projected to be reached soon. 0 3. In Sec. 660.511, add paragraphs (i) and (j) to read as follows: Sec. 660.511 Catch restrictions. * * * * * (i) The following harvest specifications apply for Pacific mackerel: (1) For the Pacific mackerel fishing season July 1, 2017, through June 30, 2018, the harvest guideline is 26,293 mt and the ACT is 25,293 mt; (2) For the Pacific mackerel fishing season July 1, 2018, through June 30, 2019, the harvest guideline is 23,840 mt and the ACT is 22,840 mt. (j) When an ACT in paragraph (i) of this section has been reached or is projected to be reached soon, then for the remainder of the Pacific mackerel fishing season, Pacific mackerel may not be targeted and landings of Pacific mackerel may not exceed 45 percent of landings when Pacific mackerel are landed with other CPS (in other words, no more than 45 percent by weight of the CPS landed per trip may be Pacific mackerel), except that up to 3 mt of Pacific mackerel may be landed without landing any other CPS. When a harvest guideline in paragraph (i) of this section has been reached or is projected to be reached soon, no further retention of Pacific mackerel is allowed through the end of the Pacific mackerel fishing season. The Regional Administer shall announce in the Federal Register the date that an ACT or the harvest guideline is reached or is expected to be reached, and the date and time that the restrictions described in this paragraph go into effect. [FR Doc. 2018-13337 Filed 6-20-18; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Rules and Regulations 28783
2015, a non-excepted, interstate CDL reached, all retention would be annual commercial fishery quota,
holder without medical certification prohibited through the end of the however the Council recommended, and
status information on the CDLIS motor fishing year. This rule is intended to NMFS is implementing, ACTs under the
vehicle record is designated ‘‘not- conserve and manage the Pacific HG that will trigger a closure of directed
certified’’ to operate a CMV in interstate mackerel stock off the U.S. West Coast. commercial fishing for Pacific mackerel
commerce. After January 30, 2015 and DATES: Effective July 23, 2018 through and incidental harvest provisions. The
through June 21, 2021, a motor carrier June 30, 2019. reason for instituting an ACT and
may use a copy of the driver’s current ADDRESSES: Copies of the report, closing directed fishing at the ACT
medical examiner’s certificate that was ‘‘Pacific Mackerel Biomass Projection instead of all commercial catch at the
submitted to the State for up to 15 days Estimate for USA Management in 2017– HG, is that Pacific mackerel commonly
from the date it was issued as proof of 2018 and 2018–2019’’ may be obtained school with other CPS; the 1,000 mt
medical certification. from the West Coast Regional Office, buffer between the ACT and HG would
* * * * * 501 W Ocean Blvd., Ste. 4200, Long allow for the continued prosecution of
(9) * * * Beach, CA 90802–4250. these other important CPS fisheries after
(ii) Through June 21, 2021, for drivers FOR FURTHER INFORMATION CONTACT:
the ACT for Pacific mackerel is attained.
required to have a CDL, a note relating Joshua Lindsay, West Coast Region, The OFL is the catch level above which
to verification of medical examiner NMFS, (562) 980–4034. overfishing would be occurring and the
listing on the National Registry of ABC is set below the OFL to account for
SUPPLEMENTARY INFORMATION: Under the
Certified Medical Examiners required by scientific uncertainty in the OFL. The
Magnuson-Stevens Fishery
§ 391.23(m)(2). ACL can be set equal to or less than the
Conservation and Management Act
ABC if necessary to ensure overfishing
* * * * * (Magnuson-Stevens Act), 16 U.S.C. 1801
does not occur and serves as the basis
Issued under authority delegated in 49 CFR et seq., NMFS manages the Pacific
to invoke management controls that can
1.87 on: June 15, 2018. mackerel fishery in the U.S. Exclusive
prevent the ACL from being exceeded
Economic Zone off the West Coast in
Raymond P. Martinez, and to correct or mitigate overages of the
accordance with the Coastal Pelagic
Administrator. ACL if they occur, and can be set no
Species (CSP) Fishery Management Plan
[FR Doc. 2018–13314 Filed 6–20–18; 8:45 am] higher than the ABC.
(FMP). The CPS FMP and its The Council recommended, and
BILLING CODE 4910–EX–P implementing regulations require NMFS NMFS is implementing, Pacific
to set annual harvest specifications for mackerel harvest specifications and
the Pacific mackerel fishery based on management measures for both the
DEPARTMENT OF COMMERCE the annual specification framework and 2017–2018 and 2018–2019 fishing years.
control rules in the FMP. The control For the 2017–2018 Pacific mackerel
National Oceanic and Atmospheric rules in the CPS FMP include the HG
Administration fishing year these include an OFL of
control rule, which in conjunction with 30,115 mt, an ABC and ACL of 27,510
the overfishing limit (OFL) and mt, a HG of 26,293 mt, and an ACT of
50 CFR Part 660 acceptable biological catch (ABC) rules, 25,293 mt. For the 2018–2019 Pacific
[Docket No. 170901861–8524–02] are used to manage harvest levels for mackerel fishing year these include an
Pacific mackerel. According to the FMP, OFL of 27,662 mt, an ABC and ACL of
RIN 0648–BH08
the quota for the principal commercial 25,269 mt, a HG of 23,840 mt, and an
Fisheries Off West Coast States; fishery, the HG, is determined using the ACT of 22,840 mt. The Pacific mackerel
Coastal Pelagic Species Fisheries; FMP-specified HG formula. The HG is fishing season runs from July 1 to June
Biennial Specifications based, in large part, on the current 30. These catch specifications are based
estimate of stock biomass. The biomass on the control rules established in the
AGENCY: National Marine Fisheries estimate is an explicit part of the CPS FMP and biomass estimates of
Service (NMFS), National Oceanic and various harvest control rules for Pacific 143,403 mt (2017–2018) and 131,724 mt
Atmospheric Administration (NOAA), mackerel, and as the estimated biomass (2018–2019). These biomass estimates
Commerce. decreases or increases from one year to are the result of the NMFS Southwest
ACTION: Final rule. the next, the resulting allowable catch Fishery Science Center’s Pacific
levels similarly trend. More information mackerel stock assessment completed in
SUMMARY: This final rule implements on the Pacific Fishery Management June 2015, and a subsequent catch-only
annual harvest specifications and Council’s (Council) process for projection estimate completed in June
management measures to establish developing Pacific mackerel harvest 2017. The Council’s Scientific and
allowable catch levels for Pacific specifications and more detail on the Statistical Committee approved the
mackerel for the fishing years 2017– HG control rule are provided in the biomass estimates from the assessment
2018 and 2018–2019. The harvest proposed rule for this action (82 FR and catch-only projection estimate as
guideline (HG) and annual catch target 56204) and are not repeated here. the best available scientific information
(ACT) for the 2017–2018 fishing year are The purpose of this final rule is to for management at its June 2017 meeting
26,293 metric tons (mt) and 25,293 mt, implement these harvest specifications, (see ADDRESSES).
respectively. The HG and ACT for the which include allowable harvest levels Upon the unlikely attainment of the
2018–2019 fishing year are 23,840 mt (ACT, HG, annual catch limit (ACL)), as ACT in either fishing year, directed
and 22,840 mt, respectively. The ACT well as annual catch reference points fishing would close, reserving the
pmangrum on DSK30RV082PROD with RULES
serves as the primary directed (OFL and ABC) that take into difference between the HG and ACT
commercial harvest quotas. If the fishery consideration uncertainty surrounding (1,000 mt) as a set aside for incidental
attains the ACT in either fishing year, the current biomass estimates for Pacific landings in other fisheries and other
the directed fishery will close, reserving mackerel for the 2017–2018 and 2018– sources of mortality. For the remainder
the difference between the HG and ACT 2019 fishing years. As described above, of the fishing year, incidental landings
as a 1,000 mt set-aside for incidental the Pacific mackerel HG control rule is would be constrained to a 45-percent
landings in other fisheries. If the HG is the primary mechanism for setting the incidental catch allowance when Pacific
VerDate Sep<11>2014 14:07 Jun 20, 2018 Jkt 244001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\21JNR1.SGM 21JNR1](https://thefederalregister.org/doc/83_FR_28903/page/1.svg)
![28784 Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Rules and Regulations
mackerel are landed with other CPS (in be reserved ‘‘for incidental landings in Authority: 16 U.S.C. 1801 et seq., 16
other words, no more than 45 percent by other CPS fisheries and other sources of U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq.
weight of the CPS landed per trip may mortality.’’ In fact, as stated in the rest ■ 2. In § 660.505, add a new paragraph
be Pacific mackerel) or up to 3 mt of of the proposed rule and throughout this (p) to read as follows:
Pacific mackerel could be landed rule, the 1,000-mt set aside is reserved
incidentally in non-CPS fisheries.1 for incidental landings in other fisheries § 660.505 Prohibitions.
Upon attainment or projected (not just CPS fisheries) and other * * * * *
attainment of the HG, no retention of sources of mortality. (p) Retain, possess or land Pacific
Pacific mackerel would be allowed even mackerel after an announcement under
Classification § 660.511(j) that the harvest guideline
as incidental catch. Limited incidental
landing of Pacific mackerel in other Pursuant to section 304(b)(1)(A) of the has been taken or is projected to be
fisheries, particularly other CPS Magnuson-Stevens Act, the NMFS reached soon.
fisheries, is necessary when the directed Assistant Administrator has determined ■ 3. In § 660.511, add paragraphs (i) and
fishery is closed to reduce potential that this final rule is consistent with the (j) to read as follows:
discarding of Pacific mackerel and allow CPS FMP, other provisions of the
for continued prosecution of other Magnuson-Stevens Act, and other § 660.511 Catch restrictions.
important stocks that may school with applicable law. * * * * *
Pacific mackerel. This final rule has been determined to (i) The following harvest
The NMFS West Coast Regional be not significant for purposes of specifications apply for Pacific
Administrator will publish a notice in Executive Order 12866. mackerel:
the Federal Register announcing the The Chief Counsel for Regulation of (1) For the Pacific mackerel fishing
date of any closure of either: (1) the Department of Commerce certified season July 1, 2017, through June 30,
Directed fishing, when harvest levels to the Chief Counsel for Advocacy of the 2018, the harvest guideline is 26,293 mt
near or attain the ACT; or (2) retention, Small Business Administration during and the ACT is 25,293 mt;
including by incidental fishing, when the proposed rule stage that this action (2) For the Pacific mackerel fishing
harvest levels near or attain the HG. would not have a significant economic season July 1, 2018, through June 30,
Additionally, to ensure the regulated impact on a substantial number of small 2019, the harvest guideline is 23,840 mt
community is informed of closures, entities. The factual basis for the and the ACT is 22,840 mt.
NMFS will make announcements certification was published in the (j) When an ACT in paragraph (i) of
through all other means available, proposed rule and is not repeated here. this section has been reached or is
including fax, email, and mail to No comments were received regarding projected to be reached soon, then for
fishermen, processors, and state fishery this certification. As a result, a the remainder of the Pacific mackerel
management agencies. This rule would regulatory flexibility analysis was not fishing season, Pacific mackerel may not
also add paragraph (p) to the required and none was prepared. be targeted and landings of Pacific
prohibitions section at 50 CFR 660.505 This action does not contain a mackerel may not exceed 45 percent of
referencing the prohibition on retention, collection-of-information requirement landings when Pacific mackerel are
possession, or landing of Pacific for purposes of the Paperwork landed with other CPS (in other words,
mackerel for the remainder of the year Reduction Act. no more than 45 percent by weight of
after the closure date specified in the the CPS landed per trip may be Pacific
Federal Register notice published by List of Subjects in 50 CFR Part 660
mackerel), except that up to 3 mt of
the Regional Administrator. Fisheries, Fishing, Reporting and Pacific mackerel may be landed without
On November 28, 2017, a proposed recordkeeping requirements. landing any other CPS. When a harvest
rule was published in the Federal guideline in paragraph (i) of this section
Dated: June 18, 2018.
Register (82 FR 56204) soliciting public has been reached or is projected to be
comments through December 28, 2017. Samuel D. Rauch III,
Deputy Assistant Administrator for reached soon, no further retention of
NMFS did not receive any relevant Pacific mackerel is allowed through the
public comments on the proposed rule. Regulatory Programs, National Marine
Fisheries Service. end of the Pacific mackerel fishing
In the SUMMARY section of the
season. The Regional Administer shall
proposed rule only, NMFS mistakenly For the reasons set out in the announce in the Federal Register the
stated that the 1,000-mt set aside would preamble, 50 CFR part 660 is amended date that an ACT or the harvest
as follows: guideline is reached or is expected to be
1 The following directed fisheries would be
allowed to continue: (i) Fishing for live bait and (ii) reached, and the date and time that the
PART 660—FISHERIES OFF WEST
minor directed fishing (after March 16, 2018) until restrictions described in this paragraph
COAST STATES
the HG is taken, provided the amount retained does go into effect.
not exceed 1 mt per day per vessel or person, and
which is limited to 1 fishing trip per day by any ■ 1. The authority citation for part 660 [FR Doc. 2018–13337 Filed 6–20–18; 8:45 am]
vessel. continues to read as follows: BILLING CODE 3510–22–P
pmangrum on DSK30RV082PROD with RULES
VerDate Sep<11>2014 14:07 Jun 20, 2018 Jkt 244001 PO 00000 Frm 00022 Fmt 4700 Sfmt 9990 E:\FR\FM\21JNR1.SGM 21JNR1](https://thefederalregister.org/doc/83_FR_28903/page/2.svg)
Document Created: 2018-06-21 01:23:38
Document Modified: 2018-06-21 01:23:38
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective July 23, 2018 through June 30, 2019. | |
| Contact | Joshua Lindsay, West Coast Region, NMFS, (562) 980-4034. | |
| FR Citation | 83 FR 28783 | |
| RIN Number | 0648-BH08 | |
| CFR Associated | Fisheries; Fishing and Reporting and Recordkeeping Requirements |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR