83 FR 29461 - Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 122 (June 25, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 122 (June 25, 2018)
| Page Range | 29461-29463 | |
| FR Document | 2018-13583 |
[Federal Register Volume 83, Number 122 (Monday, June 25, 2018)] [Rules and Regulations] [Pages 29461-29463] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-13583] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 180320301-8551-02] 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: Final rule. ----------------------------------------------------------------------- SUMMARY: NMFS issues this rule to implement annual management measures and catch limits for the northern subpopulation of Pacific sardine, for the fishing year lasting from July 1, 2018, through June 30, 2019. This action includes a prohibition on directed commercial fishing for Pacific sardine off the U.S. West Coast, except in the live bait, tribal, or minor directed fisheries. This action is intended to conserve and manage the Pacific sardine stock off the U.S. West Coast. DATES: Effective July 1, 2018, through June 30, 2019. 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 West 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). Annual specifications published in the Federal Register establish these catch limits and management measures for each Pacific sardine fishing year. The purpose of this final rule is to implement the annual catch levels and reference points for the 2018-2019 fishing year. This final rule adopts, without changes, the catch levels and [[Page 29462]] restrictions that NMFS proposed in the rule published on May 25, 2018 (83 FR 24269), including the OFL and ABC that takes into consideration uncertainty surrounding the current estimate of biomass for Pacific sardine in the U.S. EEZ off the U.S. West Coast. The proposed rule for this action included additional background on specifications and the details of how the Pacific Fishery Management Council (Council) derived its recommended specifications for Pacific sardine. Those details are not repeated here. For additional information, please refer to the proposed rule for this action. Table 1--Reference Points for the 2018-2019 Pacific Sardine Fishing Year in Metric Tons -------------------------------------------------------------------------------------------------------------------------------------------------------- Tribal set- Biomass estimate OFL ABC HG ACL aside -------------------------------------------------------------------------------------------------------------------------------------------------------- 52,065............................................................. 11,324 9,436 0 7,000 800 -------------------------------------------------------------------------------------------------------------------------------------------------------- This final rule implements an OFL of 11,324 metric tons (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 (Table 1). Additionally, this rule implements an ACL of 7,000 mt, as well as restrictions on the incidental catch of Pacific sardine by other fisheries. The incidental catch of Pacific sardine in other CPS fisheries will be managed with 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. Pacific sardine is known to comingle with other CPS stocks; thus, these incidental allowances are established to allow for the continued prosecution of these other important CPS fisheries and reduce the potential discard of sardine. Additionally, this final rule implements an incidental per landing allowance of up to 2 mt per trip in non-CPS fisheries. The NMFS West Coast Regional Administrator will 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 will make announcements through other means available, including fax, email, and mail to fishermen, processors, and state fishery management agencies. As explained in the proposed rule, the Quinault Indian Nation requested a set-aside for tribal harvest of 800 mt (the same amount that was requested and approved for the 2017-2018 fishing season). Consistent with this request, NMFS is setting aside 800 mt of the 2018- 2019 ACL for tribal harvest (Table 1). At the April 2018 meeting, the Council voted in support of two exempted fishing permit (EFP) proposals requesting an exemption from the prohibition to directly harvest Pacific sardine. The ACL implemented in this action accounts for the potential of NMFS approval of up to 610 mt of the ACL to be harvested for EFP activities. Comments and Responses On May 25, 2018, NMFS published a proposed rule for this action and solicited public comments (83 FR 24269), with a public comment period that ended on June 11, 2018. NMFS received one comment letter from the environmental advocacy organization Oceana during the comment period. After consideration of the public comment, no changes were made from the proposed rule. NMFS summarizes and responds to the comment letter below. Comment 1: Oceana supported the prohibition on non-tribal directed commercial sardine fishing, but opposed the proposed ACL level of 7,000 mt. Oceana instead requested that NMFS set an ACL of no more than 2,000 mt. Oceana commented that the proposed ACL of 7,000 mt is excessive and not commensurate with the decline in sardine biomass and that NMFS should reduce the ACL to 2,000 mt. Response: NMFS disagrees that it is necessary to set the ACL lower than 7,000 mt. The ACL should be viewed in the context of the approved northern subpopulation of Pacific Sardine OFL (11,324 mt) and ABC (9,436 mt), which has been reduced from the OFL to account for scientific uncertainty. The Council's SSC endorsed the OFL and ABC, which are derived from control rules in the FMP, as the best scientific information available. The CPS FMP defines overfishing as catch exceeding the OFL. By definition, if catch approaches either the ACL or ABC, which are set below the OFL, overfishing would not be occurring. This rule conservatively limits harvest levels by all sources with an ACL of 7,000 mt, which is below both the OFL and ABC. All incidental catch, live bait, minor directed, and tribal harvest of sardine are managed to stay at or below the ACL. Additionally, as a direct result of the decline in the estimated biomass from the last fishing year, the OFL and ABC implemented through this action are respectively approximately 33 and 40 percent lower than those implemented last year. Small pelagic species, such as sardine, undergo wide natural fluctuations in abundance related to environmental conditions, even in the absence of fishing pressure. Given that environmental conditions are a strong driver for small pelagic species biomass, and the fact that 7,000 mt is only about 13 percent of the 2018 biomass estimate, it is highly unlikely that reducing the ACL from 7,000 mt to 2,000 mt would measurably contribute to the potential for Pacific sardine abundance to increase. Even in the absence of any fishing mortality, unfavorable environmental conditions could keep the sardine population at a low level. Based on the recent stock assessments and NMFS research, low recent recruitment (i.e., the number of young fish maturing into the spawning population) is the primary cause of the current downward trend in overall population size. Research suggests recruitment is strongly related to environmental conditions, particularly large-scale oceanographic phenomena. Comment 2: Oceana also commented that the OFL is not based on the best scientific information available because Oceana construes new research from NMFS Southwest Fisheries Science Center (SWFSC) as demonstrating that the temperature-recruitment relationship based on data from the California Cooperative Oceanic Fisheries Investigations (CalCOFI) survey used to inform the OFL is no longer applicable. [[Page 29463]] Response: NMFS is committed to using the best scientific information available, and the SWFSC is continuing research to improve our understanding of the relationship between Pacific Sardine productivity and environmental conditions. The new research referenced by Oceana is still under development, has not been formally reviewed, and therefore is not yet a valid rationale to cease using CalCOFI data to gauge the temperature-recruitment relationship. At this time, the CalCOFI-based temperature relationship is still the best scientific information available science to set the OFL. Comment 3: In addition to commenting on the proposed rule, Oceana's comment requested reconsideration of various aspects of sardine management that are not considered in this action, including changing the start date of the fishery, revision of the Minimum Stock Size Threshold value, and various modifications to the OFL, ABC and HG control rules. Response: Changes to the management framework of Pacific sardine and to the sardine harvest control rules are set in the CPS FMP and are beyond the scope of this rulemaking. NMFS will take these comments into consideration during related future management planning for the Pacific sardine stock, and recommends Oceana continue to bring these concerns to the attention of the Council as that body deliberates about the management framework for sardine. 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. There is good cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in effectiveness of these final harvest specifications for the 2018-2019 Pacific sardine fishing season. In accordance with the FMP, this rule was recommended by the Council at its meeting in April 2018 the contents of which were based on the best available new information on the population status of Pacific sardine that became available at that time. Making these final specifications effective on July 1, the first day of the fishing season, is necessary for the conservation and management of the Pacific sardine resource because last year's restrictions on harvest are not effective after June 30. The FMP requires a prohibition on directed fishing for Pacific sardine for the 2018-2019 fishing year because the sardine biomass has dropped below the CUTOFF. The purpose of the CUTOFF in the FMP, and for prohibiting a directed fishing when the biomass drops below this level, is to protect the stock when biomass is low and provide a buffer of spawning stock that is protected from fishing and can contribute to rebuilding the stock. A delay in the effectiveness of this rule for a full 30 days would result in the re-opening the directed commercial fishery on July 1. Delaying the effective date of this rule beyond July 1 would be contrary to the public interest because it would jeopardize the sustainability of the Pacific sardine stock. Furthermore, most affected fishermen are aware that the Council recommended that directed commercial fishing be prohibited for the 2018-2019 fishing year and are fully prepared to comply with the prohibition. This final rule is exempt from the procedures of E.O. 12866 because this action contains no implementing regulations. 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. Pursuant to Executive Order 13175, this final 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. This action does not contain a collection-of-information requirement for purposes of the Paperwork Reduction Act. Authority: 16 U.S.C. 1801 et seq. Dated: June 20, 2018. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2018-13583 Filed 6-22-18; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 83, No. 122 / Monday, June 25, 2018 / Rules and Regulations 29461
centimeters or less in length for St. George Island. The Assistant DEPARTMENT OF COMMERCE
subsistence use each year from June 23 Administrator for Fisheries, NOAA,
to August 8. The regulation at 50 CFR (AA), determined that this rule is National Oceanic and Atmospheric
216.72(a) includes the provision that the consistent with the Fur Seal Act (16 Administration
harvests of seals on St. Paul and St. U.S.C. 1155) and regulations (50 CFR
George Islands shall be treated 216.71–216.74). The AA finds good 50 CFR Part 660
independently for the purposes of this cause to waive the requirement to [Docket No. 180320301–8551–02]
section. Any suspension, termination, or provide prior notice and opportunity for
extension of the harvest is applicable RIN 0648–XG121
public comment pursuant to the
only to the island for which it is issued.
authority set forth at 5 U.S.C. 553(b)(B). Fisheries Off West Coast States;
The Traditional Council of St. George
Allowing prior notice and opportunity Coastal Pelagic Species Fisheries;
Island, Tribal Government (Traditional
Council) has requested that NMFS for public comment on the extension of Annual Specifications
extend the opening date of the the opening date is unnecessary because
the rule establishing the extension of the AGENCY: National Marine Fisheries
subsistence use season for sub-adult Service (NMFS), National Oceanic and
male fur seals earlier than the scheduled opening procedures has already been
Atmospheric Administration (NOAA),
opening date of June 23 (50 CFR subject to notice and comment, and all
Commerce.
216.72(d)(1)). The extension of the that remains is to notify the public of
ACTION: Final rule.
opening date is intended to respond to the extension of the opening date.
this emergency request. The extension Additionally, allowing for prior notice SUMMARY: NMFS issues this rule to
will ensure additional days to conduct and opportunity for public comment for implement annual management
the subsistence harvest in order provide this extension of the opening date is measures and catch limits for the
meat for the community of St. George contrary to the public interest because it northern subpopulation of Pacific
Island in response to the unavailability requires time, thus delaying the removal sardine, for the fishing year lasting from
of food in the community store due to of a restriction and thereby reducing July 1, 2018, through June 30, 2019.
unforeseen flight cancellations and the socio-economic benefits to community This action includes a prohibition on
complete consumption of fur seal meat of St. George Island. In the absence of directed commercial fishing for Pacific
from harvests in 2017. NMFS has this action, the residents of St. George sardine off the U.S. West Coast, except
determined that the extension of the Island would be prohibited from in the live bait, tribal, or minor directed
harvest to an earlier date is permissible harvesting fur seals currently necessary fisheries. This action is intended to
and should be authorized. conserve and manage the Pacific sardine
to subsistence uses due to unforeseen
On July 31, 1992 (57 FR 33900) NMFS stock off the U.S. West Coast.
issued a final rule removing the option events prior to the scheduled opening of
the subsistence use season. For the DATES: Effective July 1, 2018, through
to extend the harvest past August 8, but June 30, 2019.
authorized the harvest to start on June aforementioned reasons, it is
impracticable and contrary to the public FOR FURTHER INFORMATION CONTACT:
23 rather than June 30. NMFS
anticipated in the notice (57 FR 33901, interest to delay for 30 days the effective Joshua Lindsay, West Coast Region,
July 31, 1992) that there would be no date of this action, and, accordingly, the NMFS, (562) 980–4034, joshua.lindsay@
adverse impacts on the population from AA also finds good cause to waive the noaa.gov.
an earlier June harvest because sub- 30-day delay in effectiveness of this SUPPLEMENTARY INFORMATION: NMFS
adult males dominate the harvest areas action under 5 U.S.C. 553(d)(3) and to manages the Pacific sardine fishery in
on the hauling grounds at this time of make this action effective on the date the U.S. exclusive economic zone (EEZ)
year, and few if any female seals have specified herein. This action is off the West Coast (California, Oregon,
returned to St. George Island in June. In authorized by 50 CFR 216.72(a) and is and Washington) in accordance with the
extending the opening date for the 2018 exempt from review under Executive Coastal Pelagic Species (CPS) Fishery
season, NMFS does not expect that Management Plan (FMP). The FMP and
Order 12866. Because prior notice and
female fur seals would be accidentally its implementing regulations require
opportunity for public comment are
killed during the few early days of the NMFS to set annual catch levels for the
waived under 5 U.S.C. 553, the
sub-adult male harvest, and there is no Pacific sardine fishery based on the
analytical requirements of the annual specification framework and
evidence from prior commercial or Regulatory Flexibility Act, 5 U.S.C. 601–
subsistence harvests that females were control rules in the FMP. These control
612, are inapplicable. rules include the harvest guideline (HG)
accidentally taken prior to mid-July
(NMFS unpublished data). The Authority: 16 U.S.C. 1155(a). control rule, which, in conjunction with
subsistence use suspension and Dated: June 20, 2018.
the overfishing limit (OFL) and
termination provisions based on female acceptable biological catch (ABC) rules
Samuel D. Rauch, III,
mortality remain in effect (50 CFR in the FMP, are used to manage harvest
Deputy Assistant Administrator for levels for Pacific sardine, in accordance
216.72(f)(1)(iv) & (g)(3)).
Regulatory Programs, National Marine with the Magnuson-Stevens Fishery
All other regulatory controls
Fisheries Service. Conservation and Management Act
applicable to the subsistence use of sub-
[FR Doc. 2018–13576 Filed 6–20–18; 4:15 pm] (Magnuson-Stevens Act). Annual
adult males on St. George Island at 50
CFR 216.72(d)(1)–(5) still apply, BILLING CODE 3510–22–P specifications published in the Federal
including the total number of fur seals Register establish these catch limits and
management measures for each Pacific
amozie on DSK3GDR082PROD with RULES
(500) that may be harvested per year on
St. George Island (82 FR 39044, August sardine fishing year.
17, 2017). The purpose of this final rule is to
implement the annual catch levels and
Classification reference points for the 2018–2019
This action responds to the urgent fishing year. This final rule adopts,
subsistence need of the Pribilovians on without changes, the catch levels and
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![Federal Register / Vol. 83, No. 122 / Monday, June 25, 2018 / Rules and Regulations 29463
Response: NMFS is committed to sardine biomass has dropped below the DEPARTMENT OF COMMERCE
using the best scientific information CUTOFF. The purpose of the CUTOFF
available, and the SWFSC is continuing in the FMP, and for prohibiting a National Oceanic and Atmospheric
research to improve our understanding directed fishing when the biomass drops Administration
of the relationship between Pacific below this level, is to protect the stock
Sardine productivity and environmental when biomass is low and provide a 50 CFR Part 679
conditions. The new research referenced buffer of spawning stock that is [Docket No. 170817779–8161–02]
by Oceana is still under development, protected from fishing and can
has not been formally reviewed, and RIN 0648–XG305
contribute to rebuilding the stock. A
therefore is not yet a valid rationale to
delay in the effectiveness of this rule for Fisheries of the Exclusive Economic
cease using CalCOFI data to gauge the
a full 30 days would result in the re- Zone Off Alaska; Kamchatka Flounder
temperature-recruitment relationship.
At this time, the CalCOFI-based opening the directed commercial fishery in the Bering Sea and Aleutian Islands
temperature relationship is still the best on July 1. Management Area
scientific information available science Delaying the effective date of this rule AGENCY: National Marine Fisheries
to set the OFL. beyond July 1 would be contrary to the Service (NMFS), National Oceanic and
Comment 3: In addition to public interest because it would Atmospheric Administration (NOAA),
commenting on the proposed rule, jeopardize the sustainability of the Commerce.
Oceana’s comment requested Pacific sardine stock. Furthermore, most ACTION: Temporary rule; closure.
reconsideration of various aspects of affected fishermen are aware that the
sardine management that are not Council recommended that directed SUMMARY: NMFS is prohibiting directed
considered in this action, including commercial fishing be prohibited for the fishing for Kamchatka flounder in the
changing the start date of the fishery, 2018–2019 fishing year and are fully Bering Sea and Aleutian Islands
revision of the Minimum Stock Size management area (BSAI). This action is
prepared to comply with the
Threshold value, and various necessary to prevent exceeding the 2018
prohibition.
modifications to the OFL, ABC and HG Kamchatka flounder initial total
control rules. This final rule is exempt from the allowable catch (ITAC) in the BSAI.
Response: Changes to the procedures of E.O. 12866 because this DATES: Effective 1200 hours, Alaska
management framework of Pacific action contains no implementing local time (A.l.t.), June 20, 2018,
sardine and to the sardine harvest regulations. through 2400 hours, A.l.t., December 31,
control rules are set in the CPS FMP and The Chief Counsel for Regulation of 2018.
are beyond the scope of this rulemaking.
the Department of Commerce certified FOR FURTHER INFORMATION CONTACT:
NMFS will take these comments into
to the Chief Counsel for Advocacy of the Steve Whitney, 907–586–7228.
consideration during related future
management planning for the Pacific Small Business Administration during SUPPLEMENTARY INFORMATION: NMFS
sardine stock, and recommends Oceana the proposed rule stage that this action manages the groundfish fishery in the
continue to bring these concerns to the would not have a significant economic BSAI according to the Fishery
attention of the Council as that body impact on a substantial number of small Management Plan for Groundfish of the
deliberates about the management entities. The factual basis for the Bering Sea and Aleutian Islands
framework for sardine. certification was published in the Management Area (FMP) prepared by
proposed rule and is not repeated here. the North Pacific Fishery Management
Classification No comments were received regarding Council under authority of the
Pursuant to section 304(b)(1)(A) of the this certification. As a result, a Magnuson-Stevens Fishery
Magnuson-Stevens Act, the NMFS regulatory flexibility analysis was not Conservation and Management Act.
Assistant Administrator has determined required and none was prepared. Regulations governing fishing by U.S.
that this final rule is consistent with the vessels in accordance with the FMP
CPS FMP, other provisions of the Pursuant to Executive Order 13175,
appear at subpart H of 50 CFR part 600
Magnuson-Stevens Act, and other this final rule was developed after and 50 CFR part 679.
applicable law. There is good cause meaningful consultation and The 2018 Kamchatka flounder ITAC
under 5 U.S.C. 553(d)(3) to waive the collaboration with the tribal in the BSAI is 4,250 metric tons (mt) as
30-day delay in effectiveness of these representative on the Council who has established by the final 2018 and 2019
final harvest specifications for the 2018– agreed with the provisions that apply to harvest specifications for groundfish in
2019 Pacific sardine fishing season. In tribal vessels. the BSAI (83 FR 8365, February 27,
accordance with the FMP, this rule was This action does not contain a 2018). In accordance with
recommended by the Council at its collection-of-information requirement § 679.20(d)(1)(i), the Administrator,
meeting in April 2018 the contents of for purposes of the Paperwork Alaska Region, NMFS (Regional
which were based on the best available Reduction Act. Administrator), has determined that the
new information on the population 2018 Kamchatka flounder ITAC in the
status of Pacific sardine that became Authority: 16 U.S.C. 1801 et seq. BSAI will soon be reached. Therefore,
available at that time. Making these final Dated: June 20, 2018. the Regional Administrator is
specifications effective on July 1, the Samuel D. Rauch III, establishing a directed fishing
first day of the fishing season, is Deputy Assistant Administrator for
allowance of 2,000 mt, and is setting
necessary for the conservation and aside the remaining 2,250 mt as
amozie on DSK3GDR082PROD with RULES
Regulatory Programs, National Marine
management of the Pacific sardine Fisheries Service. incidental catch to support other
resource because last year’s restrictions [FR Doc. 2018–13583 Filed 6–22–18; 8:45 am]
anticipated groundfish fisheries. In
on harvest are not effective after June accordance with § 679.20(d)(1)(iii), the
BILLING CODE 3510–22–P
30. The FMP requires a prohibition on Regional Administrator finds that this
directed fishing for Pacific sardine for directed fishing allowance has been
the 2018–2019 fishing year because the reached. Consequently, NMFS is
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Document Created: 2018-06-23 02:29:06
Document Modified: 2018-06-23 02:29:06
| 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 1, 2018, through June 30, 2019. | |
| Contact | Joshua Lindsay, West Coast Region, NMFS, (562) 980-4034, [email protected] | |
| FR Citation | 83 FR 29461 | |
| RIN Number | 0648-XG12 |
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