Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications, 62590-62592 [2014-24800]
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Federal Register / Vol. 79, No. 202 / Monday, October 20, 2014 / Proposed Rules
the Government than common carrier
transportation will not be made on the
basis of personal preference or
inconvenience to the traveler.
■ 10. Amend § 301–70.102 by revising
paragraphs (d), (f), and (i) to read as
follows:
DEPARTMENT OF COMMERCE
§ 301–70.102 What governing policies
must we establish for authorization and
payment of transportation expenses?
RIN 0648–XD437
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(d) When you will consider use of a
POV advantageous to the Government,
such as travel to and from common
carrier terminals or to the TDY location.
When determining whether the use of a
POV to a TDY location is the most
advantageous method of transportation,
agencies must consider the total cost of
using a POV as compared to the total
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rental costs, fuel, taxes, parking (at a
common carrier terminal, etc.), and any
other associated costs;
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(f) Procedures for allowing the use of
a special conveyance (e.g., commercially
rented vehicles), taking into account the
requirements of § 301–10.450;
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(i) Develop and issue internal
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than a compact rental car under § 301–
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be entered in the remarks section of the
traveler’s authorization.
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rmajette on DSK3VPTVN1PROD with PROPOSALS
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National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 140811659–4659–01]
Fisheries Off West Coast States;
Coastal Pelagic Species Fisheries;
Annual Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule.
AGENCY:
NMFS proposes to implement
the annual catch limit (ACL), harvest
guideline (HG), and associated annual
reference points for Pacific mackerel in
the U.S. exclusive economic zone (EEZ)
off the Pacific coast for the fishing
season of July 1, 2014, through June 30,
2015. This rule is proposed pursuant to
the Coastal Pelagic Species (CPS)
Fishery Management Plan (FMP). The
proposed 2014–2015 HG for Pacific
mackerel is 29,170 metric tons (mt).
This is the primary commercial fishing
target level. The proposed annual catch
target (ACT), which will be the directed
fishing harvest target, is 24,170 mt. If
the fishery attains the ACT, the directed
fishery will close, reserving the
difference between the HG (29,170 mt)
and ACT as a 5,000 mt set-aside for
incidental landings in other CPS
fisheries and other sources of mortality.
This rule is intended to conserve and
manage the Pacific mackerel stock off
the U.S. West Coast.
DATES: Comments must be received by
November 19, 2014.
ADDRESSES: You may submit comments
on this document identified by NOAA–
§§ 301–10.5, 301–10.200, 301–10.220, 301–
NMFS–2014–0126 by any of the
10.310 and 301–70.104 [Amended]
following methods:
• Electronic Submissions: Submit all
■ 11. Amend §§ 301–10.5, 301–10.200,
301–10.220, 301–10.310 and 301–70.104 electronic public comments via the
Federal e-Rulemaking Portal. Go to
by removing the terms ‘‘Government
www.regulations.gov/
automobile’’ and ‘‘Government#!docketDetail;D=NOAA-NMFS-2014furnished automobile’’ wherever they
0126, click the ‘‘Comment Now!’’ icon,
appear and adding ‘‘GOA’’ in its place.
complete the required fields, and enter
[FR Doc. 2014–24498 Filed 10–17–14; 8:45 am]
or attach your comments.
BILLING CODE 6820–14–P
• Mail: Submit written comments to
William W. Stelle, Jr., Regional
Administrator, West Coast Region,
NMFS, 7600 Sand Point Way NE.,
Seattle, WA 98115–0070; Attn: Joshua
Lindsay.
• Instructions: Comments must be
submitted by one of the above methods
to ensure that the comments are
received, documented, and considered
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SUMMARY:
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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). Attachments to electronic
comments will be accepted in Microsoft
Word or Excel, WordPerfect, or Adobe
PDF file formats only.
Copies of the report ‘‘Pacific Mackerel
(Scomber japonicus) Stock Assessment
for USA Management in the 2011–12
Fishing Year’’ and the report ‘‘Pacific
Mackerel Biomass Projection Estimate
for USA Management (2014–15)’’ may
be obtained from the West Coast
Regional Office (see ADDRESSES).
FOR FURTHER INFORMATION CONTACT:
Joshua Lindsay, West Coast Region,
NMFS, (562) 980–4034.
SUPPLEMENTARY INFORMATION: During
public meetings each year, the estimated
biomass for Pacific mackerel is
presented 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 (SSC), where
the biomass and the status of the
fisheries are reviewed and discussed.
The biomass estimate is then presented
to the Council along with the calculated
overfishing limit (OFL), acceptable
biological catch (ABC), ACL, HG and
ACT recommendations and comments
from the Team, Subpanel and SSC.
Following review by the Council and
after hearing public comment, the
Council adopts a biomass estimate and
makes its catch level recommendations
to NMFS.
The purpose of this proposed rule is
to implement the 2014–2015 ACL, HG,
ACT and other annual catch reference
points, including OFL and an ABC that
takes into consideration uncertainty
surrounding the current estimate of
biomass for Pacific mackerel in the U.S.
EEZ off the Pacific coast. The CPS FMP
and its implementing regulations
require NMFS to set these annual catch
levels for the Pacific mackerel fishery
based on the annual specification
framework in the FMP. This framework
includes a harvest control rule that
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Federal Register / Vol. 79, No. 202 / Monday, October 20, 2014 / Proposed Rules
determines the HG, the primary
management target for the fishery for the
current fishing season. The HG is based,
in large part, on the current estimate of
stock biomass. The harvest control rule
in the CPS FMP is HG = [(BiomassCutoff) * Fraction * Distribution] with
the parameters described as follows:
1. Biomass. The estimated stock
biomass of Pacific mackerel for the
2014–2015 management season is
157,106 mt.
2. Cutoff. This is the biomass level
below which no commercial fishery is
allowed. The FMP established this level
at 18,200 mt.
3. Fraction. The harvest fraction is the
percentage of the biomass above 18,200
mt that may be harvested.
4. Distribution. The average portion of
the Pacific mackerel biomass estimated
in the U.S. EEZ off the Pacific coast is
70 percent and is based on the average
historical larval distribution obtained
from scientific cruises and the
distribution of the resource according to
the logbooks of aerial fish-spotters.
In June 2014 the Council adopted and
recommended to NMFS for the 2014–
2015 Pacific mackerel fishing season an
OFL of 32,992 metric tons (mt), an ABC
and ACL of 30,138 mt each, a HG of
29,170 mt, and an ACT of 24,170 mt.
These catch specifications are based on
the control rules established in the CPS
FMP and a biomass estimate of 157,106
mt; the biomass estimate is the result of
a 2011 full stock assessment as updated
with a catch-only projection estimate.
The annual biomass estimates are an
explicit part of the various harvest
control rules for Pacific mackerel, and
as the estimated biomass decreases or
increases from one year to the next, the
resulting allowable catch levels
similarly trend. The Pacific mackerel
fishing season runs from July 1 to June
30.
Upon attainment of the ACT, directed
fishing would close, reserving the
difference between the HG and ACT
(5,000 mt) as a set aside for incidental
landings in other CPS fisheries and
other sources of mortality. For the
remainder of the fishing year incidental
landings would also be constrained to a
45 percent incidental catch allowance
when Pacific mackerel are landed with
other CPS (in other words, no more than
45 percent by weight of the CPS landed
per trip may be Pacific mackerel),
except that up to 1 mt of Pacific
mackerel could be landed without
landing any other CPS. Upon attainment
of the HG (29,170 mt), no retention of
Pacific mackerel would be allowed in
CPS fisheries. The purpose of the
incidental set-aside and allowance of an
incidental fishery is to allow for the
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restricted incidental landings of Pacific
mackerel in other fisheries, particularly
other CPS fisheries, when the directed
fishery is closed to reduce potential
discard of Pacific mackerel and allow
for continued prosecution of other
important CPS fisheries.
The NMFS West Coast Regional
Administrator will publish a notice in
the Federal Register announcing the
date of any closure to either directed or
incidental fishing. Additionally, to
ensure the regulated community is
informed of any closure NMFS will also
make announcements through other
means available, including fax, email,
and mail to fishermen, processors, and
state fishery management agencies.
Detailed information on the fishery
and the stock assessment are found in
the reports ‘‘Pacific Mackerel (Scomber
japonicus) Stock Assessment for USA
Management in the 2011–12 Fishing
Year’’ and ‘‘Pacific Mackerel Biomass
Projection Estimate for USA
Management (2014–15)’’ (see
ADDRESSES).
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Fishery
Conservation and Management Act, the
Assistant Administrator, NMFS, 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, subject to
further consideration after public
comment.
These proposed specifications are
exempt from review under Executive
Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration that this
proposed rule, if adopted, would not
have a significant economic impact on
a substantial number of small entities,
for the reasons as follows:
The purpose of this proposed rule is
to implement the 2014–2015 annual
specifications for Pacific mackerel in the
U.S. EEZ off the Pacific coast.
On June 12, 2014, the Small Business
Administration (SBA) issued an interim
final rule revising the small business
size standards for several industries
effective July 14, 2014 (79 FR 33467).
The rule increased the size standard for
Finfish Fishing from $19.0 to 20.5
million, Shellfish Fishing from $5.0 to
5.5 million, and Other Marine Fishing
from $7.0 to 7.5 million. 78 FR 33656,
33660, 33666 (See Table 1). NMFS
conducted its analysis for this action in
light of the new size standards.
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62591
As stated above, the SBA now defines
small businesses engaged in finfish
fishing as those vessels with annual
revenues of or below $20.5 million.
Under the former, lower size standards,
all entities subject to this action in
previous years were considered small
entities, and under the new standards,
as described below, they all would
continue to be considered small.
Pursuant to the Regulatory Flexibility
Act and the SBA’s June 20, 2013 and
June 14, 2014 final rules (78 FR 37398
and 79 FR 33647, respectively), this
certification was developed for this
action using the SBA’s revised size
standards. NMFS considers all entities
subject to this action to be small entities
as defined by both the former, lower
size standards and the revised size
standards.
The small entities that would be
affected by the proposed action are
those vessels that harvest Pacific
mackerel as part of the West Coast CPS
purse seine fleet. The CPS FMP and its
implementing regulations requires
NMFS to set an OFL, ABC, ACL, HG and
ACT for the Pacific mackerel fishery
based on the harvest control rules in the
FMP. These specific harvest control
rules are applied to the current stock
biomass estimate to derive these catch
specifications, which are used to
manage the commercial take of Pacific
mackerel. A component of these control
rules is that as the estimated biomass
decreases or increases from one year to
the next, so do the applicable quotas.
For the 2014–2015 Pacific mackerel
fishing season NMFS is proposing an
OFL of 32,992 metric tons (mt), an ABC
and ACL of 30,138 mt, an HG of 29,170
mt and an ACT, which is the directed
fishing harvest target, of 24,170 mt.
These catch specifications are based on
a biomass estimate of 157,106 mt.
Pacific mackerel harvest is one
component of CPS fisheries off the U.S.
West Coast, which primarily includes
the fisheries for Pacific sardine,
northern anchovy and market squid.
Pacific mackerel are principally caught
off southern California within the
limited entry portion (south of 39
degrees N. latitude; Point Arena,
California) of the fishery. Currently
there are 58 vessels permitted in the
Federal CPS limited entry fishery off
California of which about 25 to 39
vessels have been annually engaged in
harvesting Pacific mackerel in recent
years (2009–2013). For those vessels
that caught Pacific mackerel during that
time, the average annual per vessel
revenue has been about $1.25 million.
The individual vessel revenue for these
vessels is well below the SBA’s
threshold level of $20.5 million;
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Federal Register / Vol. 79, No. 202 / Monday, October 20, 2014 / Proposed Rules
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therefore, all of these vessels are
considered small businesses under the
RFA. Because each affected vessel is a
small business, this proposed rule has
an equal or similar effect on all of these
small entities, and therefore will impact
a substantial number of these small
entities in the same manner.
Additionally, since at least 2000, the
vessels in the CPS purse seine fleet that
fish for Pacific mackerel have never
achieved annual revenue of $20.5
million from finfish fishing whether
considering an individual vessel or per
vessel average. The aggregate annual exvessel revenue from all fish species for
the fleet that also landed Pacific
mackerel has been less than $49 million
(or about $1.25 million per vessel) in
recent years. Excluding market squid
(shellfish), the aggregate annual average
ex-vessel revenue from finfish species
for those vessels in the fleet that also
landed Pacific mackerel is about $6
million (or $180,000 per vessel) in
recent years.
NMFS used the ex-vessel revenue
information for a profitability analysis,
as the cost data for the harvesting
operations of CPS finfish vessels was
limited or unavailable. For the 2013–
2014 fishing year, the maximum fishing
level was 52,358 mt and was divided
into a directed fishing harvest target
(ACT) of 39,268 mt and an incidental
set-aside of 13,089 mt. Approximately
11,472 mt was harvested in 2013–2014
fishing season with an estimated exvessel value of approximately $2.3
million.
The maximum fishing level for the
2014–2015 Pacific mackerel fishing
season is 29,170 mt, with an ACT of
24,170 mt and an incidental set-aside of
5,000 mt. If the fleet were to take the
entire 2014–2015 ACT, the potential
revenue to the fleet would be
approximately $4.7 million (based on
average ex-vessel price of $193 per mt
during 2012–2013 and 2013–2014).
However, this result will depend greatly
on market forces within the fishery, and
on the regional availability of the
resource to the fleet and the fleets’
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ability to find schools of Pacific
mackerel. The annual average U.S.
Pacific mackerel harvest over the last
decade (2001–2013) and in recent years
(2009–2013) has been about 4,900 mt
and 4,500 mt, respectively. In those
periods, the landings have not exceeded
11,500 mt. The annual average landings
during 2001–2013 and 2009–2013 were
only about 20% and 15% of the annual
average HGs, respectively. As a result,
although this year’s ACT represents a
decrease compared to the previous
fishing season, it is highly unlikely that
the ACT proposed in this rule will limit
the potential profitability to the fleet
from catching Pacific mackerel.
Accordingly, vessel income from fishing
is not expected to be altered as a result
of this rule as it compares to recent
catches in the fishery, and specifically
the fishery under the previous season’s
regulations.
Additionally, revenue derived from
harvesting Pacific mackerel is typically
only one factor determining the overall
revenue for a majority of the vessels that
harvest Pacific mackerel; 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 vessels supplement their
income by harvesting other species.
Many vessels in California also harvest
anchovy, sardine, and in particular
market squid, making Pacific mackerel
only one component of a multi-species
CPS fishery. For example, in recent
years the annual total fleet revenue from
Pacific mackerel alone has ranged from
about $200,000 to $1.5 million with
average fleet revenue of about $800,000
(or $23,422 per vessel). Thus, the
revenue from Pacific mackerel in the
CPS fleet is a very small fraction of the
revenue whether from CPS species or all
fish species. The revenue from Pacific
mackerel constitutes about 1.98% and
1.95% of the total revenue from CPS
species and all fish species,
respectively.
These vessels typically rely on
multiple species for profitability
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because abundance of mackerel, like the
other CPS stocks, is highly associated
with ocean conditions and different
times of the year, and therefore are
harvested at various times and areas
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, it has necessitated
that the CPS fishery as a whole rely on
a group of species for its annual
revenues. The proposed HG (maximum
fishing level) for the 2014–2015 Pacific
mackerel fishing season is 29,170 mt,
with an ACT of 24,170 mt, which is
about 38% lower than the previous year
as a result of the significantly reduced
2014–2015 biomass estimate.
As stated above in the preamble, the
CPS FMP and its implementing
regulations require NMFS to calculate
annual harvest levels by applying the
harvest control rule formulas to the
current stock biomass estimate.
Therefore, if the estimated biomass
decreases or increases from one year to
the next, so do the applicable quotas.
Determining the annual harvest levels
merely implements the established
procedures of the FMP with the goal of
continuing to provide expected net
benefits to the nation, regardless of what
the specific annual allowable harvest of
Pacific mackerel is determined to be.
As a result of the factors provided
above, 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.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 8, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2014–24800 Filed 10–17–14; 8:45 am]
BILLING CODE 3510–22–P
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[Federal Register Volume 79, Number 202 (Monday, October 20, 2014)]
[Proposed Rules]
[Pages 62590-62592]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-24800]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 140811659-4659-01]
RIN 0648-XD437
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 the annual catch limit (ACL),
harvest guideline (HG), and associated annual reference points for
Pacific mackerel in the U.S. exclusive economic zone (EEZ) off the
Pacific coast for the fishing season of July 1, 2014, through June 30,
2015. This rule is proposed pursuant to the Coastal Pelagic Species
(CPS) Fishery Management Plan (FMP). The proposed 2014-2015 HG for
Pacific mackerel is 29,170 metric tons (mt). This is the primary
commercial fishing target level. The proposed annual catch target
(ACT), which will be the directed fishing harvest target, is 24,170 mt.
If the fishery attains the ACT, the directed fishery will close,
reserving the difference between the HG (29,170 mt) and ACT as a 5,000
mt set-aside for incidental landings in other CPS fisheries and other
sources of mortality. This rule is intended to conserve and manage the
Pacific mackerel stock off the U.S. West Coast.
DATES: Comments must be received by November 19, 2014.
ADDRESSES: You may submit comments on this document identified by NOAA-
NMFS-2014-0126 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-2014-0126, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to William W. Stelle, Jr.,
Regional Administrator, West Coast Region, NMFS, 7600 Sand Point Way
NE., Seattle, WA 98115-0070; 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). Attachments to electronic comments will be
accepted in Microsoft Word or Excel, WordPerfect, or Adobe PDF file
formats only.
Copies of the report ``Pacific Mackerel (Scomber japonicus) Stock
Assessment for USA Management in the 2011-12 Fishing Year'' and the
report ``Pacific Mackerel Biomass Projection Estimate for USA
Management (2014-15)'' may be obtained from the West Coast Regional
Office (see ADDRESSES).
FOR FURTHER INFORMATION CONTACT: Joshua Lindsay, West Coast Region,
NMFS, (562) 980-4034.
SUPPLEMENTARY INFORMATION: During public meetings each year, the
estimated biomass for Pacific mackerel is presented 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 (SSC), where the biomass and the status of
the fisheries are reviewed and discussed. The biomass estimate is then
presented to the Council along with the calculated overfishing limit
(OFL), acceptable biological catch (ABC), ACL, HG and ACT
recommendations and comments from the Team, Subpanel and SSC. Following
review by the Council and after hearing public comment, the Council
adopts a biomass estimate and makes its catch level recommendations to
NMFS.
The purpose of this proposed rule is to implement the 2014-2015
ACL, HG, ACT and other annual catch reference points, including OFL and
an ABC that takes into consideration uncertainty surrounding the
current estimate of biomass for Pacific mackerel in the U.S. EEZ off
the Pacific coast. The CPS FMP and its implementing regulations require
NMFS to set these annual catch levels for the Pacific mackerel fishery
based on the annual specification framework in the FMP. This framework
includes a harvest control rule that
[[Page 62591]]
determines the HG, the primary management target for the fishery for
the current fishing season. The HG is based, in large part, on the
current estimate of stock biomass. The harvest control rule in the CPS
FMP is HG = [(Biomass-Cutoff) * Fraction * Distribution] with the
parameters described as follows:
1. Biomass. The estimated stock biomass of Pacific mackerel for the
2014-2015 management season is 157,106 mt.
2. Cutoff. This is the biomass level below which no commercial
fishery is allowed. The FMP established this level at 18,200 mt.
3. Fraction. The harvest fraction is the percentage of the biomass
above 18,200 mt that may be harvested.
4. Distribution. The average portion of the Pacific mackerel
biomass estimated in the U.S. EEZ off the Pacific coast is 70 percent
and is based on the average historical larval distribution obtained
from scientific cruises and the distribution of the resource according
to the logbooks of aerial fish-spotters.
In June 2014 the Council adopted and recommended to NMFS for the
2014-2015 Pacific mackerel fishing season an OFL of 32,992 metric tons
(mt), an ABC and ACL of 30,138 mt each, a HG of 29,170 mt, and an ACT
of 24,170 mt. These catch specifications are based on the control rules
established in the CPS FMP and a biomass estimate of 157,106 mt; the
biomass estimate is the result of a 2011 full stock assessment as
updated with a catch-only projection estimate. The annual biomass
estimates are an explicit part of the various harvest control rules for
Pacific mackerel, and as the estimated biomass decreases or increases
from one year to the next, the resulting allowable catch levels
similarly trend. The Pacific mackerel fishing season runs from July 1
to June 30.
Upon attainment of the ACT, directed fishing would close, reserving
the difference between the HG and ACT (5,000 mt) as a set aside for
incidental landings in other CPS fisheries and other sources of
mortality. For the remainder of the fishing year incidental landings
would also be constrained to a 45 percent incidental catch allowance
when Pacific mackerel are landed with other CPS (in other words, no
more than 45 percent by weight of the CPS landed per trip may be
Pacific mackerel), except that up to 1 mt of Pacific mackerel could be
landed without landing any other CPS. Upon attainment of the HG (29,170
mt), no retention of Pacific mackerel would be allowed in CPS
fisheries. The purpose of the incidental set-aside and allowance of an
incidental fishery is to allow for the restricted incidental landings
of Pacific mackerel in other fisheries, particularly other CPS
fisheries, when the directed fishery is closed to reduce potential
discard of Pacific mackerel and allow for continued prosecution of
other important CPS fisheries.
The NMFS West Coast Regional Administrator will publish a notice in
the Federal Register announcing the date of any closure to either
directed or incidental fishing. Additionally, to ensure the regulated
community is informed of any closure NMFS will also make announcements
through other means available, including fax, email, and mail to
fishermen, processors, and state fishery management agencies.
Detailed information on the fishery and the stock assessment are
found in the reports ``Pacific Mackerel (Scomber japonicus) Stock
Assessment for USA Management in the 2011-12 Fishing Year'' and
``Pacific Mackerel Biomass Projection Estimate for USA Management
(2014-15)'' (see ADDRESSES).
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery
Conservation and Management Act, the Assistant Administrator, NMFS, 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, subject to further
consideration after public comment.
These proposed specifications are exempt from review under
Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities,
for the reasons as follows:
The purpose of this proposed rule is to implement the 2014-2015
annual specifications for Pacific mackerel in the U.S. EEZ off the
Pacific coast.
On June 12, 2014, the Small Business Administration (SBA) issued an
interim final rule revising the small business size standards for
several industries effective July 14, 2014 (79 FR 33467). The rule
increased the size standard for Finfish Fishing from $19.0 to 20.5
million, Shellfish Fishing from $5.0 to 5.5 million, and Other Marine
Fishing from $7.0 to 7.5 million. 78 FR 33656, 33660, 33666 (See Table
1). NMFS conducted its analysis for this action in light of the new
size standards.
As stated above, the SBA now defines small businesses engaged in
finfish fishing as those vessels with annual revenues of or below $20.5
million. Under the former, lower size standards, all entities subject
to this action in previous years were considered small entities, and
under the new standards, as described below, they all would continue to
be considered small.
Pursuant to the Regulatory Flexibility Act and the SBA's June 20,
2013 and June 14, 2014 final rules (78 FR 37398 and 79 FR 33647,
respectively), this certification was developed for this action using
the SBA's revised size standards. NMFS considers all entities subject
to this action to be small entities as defined by both the former,
lower size standards and the revised size standards.
The small entities that would be affected by the proposed action
are those vessels that harvest Pacific mackerel as part of the West
Coast CPS purse seine fleet. The CPS FMP and its implementing
regulations requires NMFS to set an OFL, ABC, ACL, HG and ACT for the
Pacific mackerel fishery based on the harvest control rules in the FMP.
These specific harvest control rules are applied to the current stock
biomass estimate to derive these catch specifications, which are used
to manage the commercial take of Pacific mackerel. A component of these
control rules is that as the estimated biomass decreases or increases
from one year to the next, so do the applicable quotas. For the 2014-
2015 Pacific mackerel fishing season NMFS is proposing an OFL of 32,992
metric tons (mt), an ABC and ACL of 30,138 mt, an HG of 29,170 mt and
an ACT, which is the directed fishing harvest target, of 24,170 mt.
These catch specifications are based on a biomass estimate of 157,106
mt.
Pacific mackerel harvest is one component of CPS fisheries off the
U.S. West Coast, which primarily includes the fisheries for Pacific
sardine, northern anchovy and market squid. Pacific mackerel are
principally caught off southern California within the limited entry
portion (south of 39 degrees N. latitude; Point Arena, California) of
the fishery. Currently there are 58 vessels permitted in the Federal
CPS limited entry fishery off California of which about 25 to 39
vessels have been annually engaged in harvesting Pacific mackerel in
recent years (2009-2013). For those vessels that caught Pacific
mackerel during that time, the average annual per vessel revenue has
been about $1.25 million. The individual vessel revenue for these
vessels is well below the SBA's threshold level of $20.5 million;
[[Page 62592]]
therefore, all of these vessels are considered small businesses under
the RFA. Because each affected vessel is a small business, this
proposed rule has an equal or similar effect on all of these small
entities, and therefore will impact a substantial number of these small
entities in the same manner.
Additionally, since at least 2000, the vessels in the CPS purse
seine fleet that fish for Pacific mackerel have never achieved annual
revenue of $20.5 million from finfish fishing whether considering an
individual vessel or per vessel average. The aggregate annual ex-vessel
revenue from all fish species for the fleet that also landed Pacific
mackerel has been less than $49 million (or about $1.25 million per
vessel) in recent years. Excluding market squid (shellfish), the
aggregate annual average ex-vessel revenue from finfish species for
those vessels in the fleet that also landed Pacific mackerel is about
$6 million (or $180,000 per vessel) in recent years.
NMFS used the ex-vessel revenue information for a profitability
analysis, as the cost data for the harvesting operations of CPS finfish
vessels was limited or unavailable. For the 2013-2014 fishing year, the
maximum fishing level was 52,358 mt and was divided into a directed
fishing harvest target (ACT) of 39,268 mt and an incidental set-aside
of 13,089 mt. Approximately 11,472 mt was harvested in 2013-2014
fishing season with an estimated ex-vessel value of approximately $2.3
million.
The maximum fishing level for the 2014-2015 Pacific mackerel
fishing season is 29,170 mt, with an ACT of 24,170 mt and an incidental
set-aside of 5,000 mt. If the fleet were to take the entire 2014-2015
ACT, the potential revenue to the fleet would be approximately $4.7
million (based on average ex-vessel price of $193 per mt during 2012-
2013 and 2013-2014). However, this result will depend greatly on market
forces within the fishery, and on the regional availability of the
resource to the fleet and the fleets' ability to find schools of
Pacific mackerel. The annual average U.S. Pacific mackerel harvest over
the last decade (2001-2013) and in recent years (2009-2013) has been
about 4,900 mt and 4,500 mt, respectively. In those periods, the
landings have not exceeded 11,500 mt. The annual average landings
during 2001-2013 and 2009-2013 were only about 20% and 15% of the
annual average HGs, respectively. As a result, although this year's ACT
represents a decrease compared to the previous fishing season, it is
highly unlikely that the ACT proposed in this rule will limit the
potential profitability to the fleet from catching Pacific mackerel.
Accordingly, vessel income from fishing is not expected to be altered
as a result of this rule as it compares to recent catches in the
fishery, and specifically the fishery under the previous season's
regulations.
Additionally, revenue derived from harvesting Pacific mackerel is
typically only one factor determining the overall revenue for a
majority of the vessels that harvest Pacific mackerel; 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 vessels supplement their income by
harvesting other species. Many vessels in California also harvest
anchovy, sardine, and in particular market squid, making Pacific
mackerel only one component of a multi-species CPS fishery. For
example, in recent years the annual total fleet revenue from Pacific
mackerel alone has ranged from about $200,000 to $1.5 million with
average fleet revenue of about $800,000 (or $23,422 per vessel). Thus,
the revenue from Pacific mackerel in the CPS fleet is a very small
fraction of the revenue whether from CPS species or all fish species.
The revenue from Pacific mackerel constitutes about 1.98% and 1.95% of
the total revenue from CPS species and all fish species, respectively.
These vessels typically rely on multiple species for profitability
because abundance of mackerel, like the other CPS stocks, is highly
associated with ocean conditions and different times of the year, and
therefore are harvested at various times and areas 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, it has necessitated that the
CPS fishery as a whole rely on a group of species for its annual
revenues. The proposed HG (maximum fishing level) for the 2014-2015
Pacific mackerel fishing season is 29,170 mt, with an ACT of 24,170 mt,
which is about 38% lower than the previous year as a result of the
significantly reduced 2014-2015 biomass estimate.
As stated above in the preamble, the CPS FMP and its implementing
regulations require NMFS to calculate annual harvest levels by applying
the harvest control rule formulas to the current stock biomass
estimate. Therefore, if the estimated biomass decreases or increases
from one year to the next, so do the applicable quotas. Determining the
annual harvest levels merely implements the established procedures of
the FMP with the goal of continuing to provide expected net benefits to
the nation, regardless of what the specific annual allowable harvest of
Pacific mackerel is determined to be.
As a result of the factors provided above, 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.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 8, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2014-24800 Filed 10-17-14; 8:45 am]
BILLING CODE 3510-22-P
