Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications, 54507-54510 [2015-22781]
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Federal Register / Vol. 80, No. 175 / Thursday, September 10, 2015 / Proposed Rules
expense items subject to inflation or
deflation factors are adjusted for those
factors based on the subsequent year’s
U.S. government consumer price index
data for the Midwest, projected through
the year in which the new base rates
take effect.
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§ 404.103 Ratemaking step 3: Determine
number of pilots needed.
(a) The Director determines the base
number of pilots needed by dividing
each area’s peak pilotage demand data
by its pilot work cycle. The pilot work
cycle standard includes any time that
the Director finds to be a necessary and
reasonable component of ensuring that
a pilotage assignment is carried out
safely, efficiently, and reliably for each
area. These components may include
but are not limited to:
(1) Amount of time a pilot provides
pilotage service or is available to a
vessel’s master to provide pilotage
service;
(2) Pilot travel time, measured from
the pilot’s base, to and from an
assignment’s starting and ending points;
(3) Assignment delays and detentions;
(4) Administrative time for a pilot
who serves as a pilotage association’s
president;
(5) Rest between assignments, as
required by 46 CFR 401.451;
(6) Ten days’ recuperative rest per
month from April 15 through November
15 each year, provided that lesser rest
allowances are approved by the Director
at the pilotage association’s request, if
necessary to provide pilotage without
interruption through that period; and
(7) Pilotage-related training.
(b) Peak pilotage demand and the base
seasonal work standard are based on
averaged available and reliable data, as
so deemed by the Director, for a multiyear base period. Normally, the multiyear period is the five most recent full
shipping seasons, and the data source is
a system approved under 46 CFR
403.300. Where such data are not
available or reliable, the Director also
may use data, from additional past full
shipping seasons or other sources, that
the Director determines to be available
and reliable.
(c) The number of pilots needed in
each district is calculated by totaling the
area results by district and rounding
them to the nearest whole integer. For
supportable circumstances, the Director
may make reasonable and necessary
adjustments to the rounded result to
provide for changes that the Director
anticipates will affect the need for pilots
in the district over the period for which
base rates are being established.
(d) The Director projects, based on the
number of persons applying under 46
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CFR part 401 to become U.S. Great
Lakes registered pilots, and on
information provided by the district’s
pilotage association, the number of
pilots expected to be fully working and
compensated during the first year of the
period for which base rates are being
established.
§ 404.104 Ratemaking step 4: Determine
target pilot compensation.
The Director determines base
individual target pilot compensation
using a compensation benchmark, set
after considering the most relevant
currently available non-proprietary
information. For supportable
circumstances, the Director may make
necessary and reasonable adjustments to
the benchmark. The Director determines
each pilotage association’s total target
pilot compensation by multiplying
individual target pilot compensation by
the number of pilots projected under
§ 404.103(d).
§ 404.105 Ratemaking step 5: Project
return on investment.
The Director calculates each pilotage
association’s allowed base return on
investment by adding the projected
adjusted operating expenses from
§ 404.102 and the total target pilot
compensation from § 404.104,
multiplied by the preceding year’s
average annual rate of return for new
issues of high grade corporate securities.
§ 404.106 Ratemaking step 6: Project
needed revenue.
The Director calculates each pilotage
association’s base projected needed
revenue by adding the projected
adjusted operating expenses from
§ 404.102, the total target pilot
compensation from § 404.104, and the
projected return on investment from
§ 404.105.
§ 404.107 Ratemaking step 7: Initially
calculate base rates.
(a) The Director initially calculates
base hourly rates by dividing the
projected needed revenue from
§ 404.106 by averages of past hours
worked in each district’s designated and
undesignated waters, using available
and reliable data for a multi-year period
set in accordance with § 404.103(b).
(b) If the result of this calculation
initially shows an hourly rate for the
designated waters of a district that
would exceed twice the hourly rate for
undesignated waters, the initial
designated-waters rate will be adjusted
so as not to exceed twice the hourly
undesignated-waters rate. The
adjustment is a reallocation only and
will not increase or decrease the amount
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of revenue needed in the affected
district.
§ 404.108 Ratemaking step 8: Review and
finalize rates.
The Director reviews the base pilotage
rates initially set in § 404.107 to ensure
they meet the goal set in § 404.1(a), and
either finalizes them or first makes
necessary and reasonable adjustments to
them based on requirements of Great
Lakes pilotage agreements between the
United States and Canada, or other
supportable circumstances. Adjustments
will be made consistently with
§ 404.107(b).
Gary C. Rasicot,
Director, Marine Transportation Systems,
U.S. Coast Guard.
[FR Doc. 2015–22895 Filed 9–8–15; 4:15 pm]
BILLING CODE 9110–04–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 150708591–5591–01]
RIN 0648–XE043
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
annual management measures and
harvest specifications to establish the
allowable catch levels (i.e. annual catch
limit (ACL)/harvest guideline (HG)) for
Pacific mackerel in the U.S. exclusive
economic zone (EEZ) off the Pacific
coast for the fishing season of July 1,
2015, through June 30, 2016. This rule
is proposed pursuant to the Coastal
Pelagic Species (CPS) Fishery
Management Plan (FMP). The proposed
2015–2016 HG for Pacific mackerel is
21,469 metric tons (mt). This is the total
commercial fishing target level. This
action also proposes an annual catch
target (ACT), of 20,469 mt. If the fishery
attains the ACT, the directed fishery
will close, reserving the difference
between the HG (21,469 mt) and ACT as
a 1,000 mt set-aside for incidental
landings in other CPS fisheries and
other sources of mortality. This
proposed rule is intended to conserve
and manage the Pacific mackerel stock
off the U.S. West Coast.
SUMMARY:
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Federal Register / Vol. 80, No. 175 / Thursday, September 10, 2015 / Proposed Rules
Comments must be received by
October 13, 2015.
ADDRESSES: You may submit comments
on this document identified by NOAA–
NMFS–2015–0096, 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-20150096, 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 2015–16
and 2016–2017 Fishing Years’’ 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), and the
biomass and the status of the fishery are
reviewed and discussed. The biomass
estimate is then presented to the
Council along with the recommended
overfishing limit (OFL) and acceptable
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DATES:
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biological catch (ABC) calculations from
the SSC, along with the calculated ACL,
HG and ACT recommendations, and
comments from the Team and Subpanel.
Following review by the Council and
after reviewing public comment, the
Council adopts a biomass estimate and
makes its catch level recommendations
to NMFS. NMFS manages the Pacific
mackerel fishery in the U.S. EEZ off the
Pacific coast (California, Oregon, and
Washington) in accordance with the
FMP. Annual specifications published
in the Federal Register establish the
allowable harvest levels (i.e. OFL/ACL/
HG) for each Pacific mackerel fishing
year. The purpose of this proposed rule
is to implement the 2015–2016 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 and control
rules in the FMP. These control rules
include the HG control rule, which in
conjunction with the OFL and ABC
rules in the FMP, are used to manage
harvest levels for Pacific mackerel, in
accordance with the Magnuson-Stevens
Fishery Conservation and Management
Act, 16 U.S.C. 1801 et seq. According to
the FMP, the quota for the principal
commercial fishery is determined using
the FMP-specified HG formula. The HG
is based, in large part, on the current
estimate of stock biomass. 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 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
2015–2016 management season this is
120,435 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
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distribution of the resource according to
the logbooks of aerial fish-spotters.
At the June 2015 Council meeting, the
Council adopted the ‘‘Pacific Mackerel
(Scomber japonicus) Stock Assessment
for USA Management in the 2015–16
and 2016–2017 Fishing Years’’
completed by NMFS Southwest
Fisheries Science Center and the
resulting Pacific mackerel biomass
estimate for use in the 2015–2016
fishing year of 120,435 mt. Based on
recommendations from its SSC and
other advisory bodies, the Council
recommended and NMFS is proposing,
an OFL of 25,291 mt, an ABC and ACL
of 23,104 mt, a HG of 21,469 mt, and an
ACT of 20,469 mt for the fishing year of
July 1, 2015, to June 30, 2016.
Additionally, the Council also adopted
and recommended harvest
specifications for the 2016–2017 fishing
year; however, currently NMFS is only
proposing to implement the annual
harvest measures for the 2015–2016
fishing year. A subsequent rule will be
published later in the year that will
propose the Council’s recommendations
for the 2016–2017 fishing year.
Under this proposed action, upon
attainment of the ACT, the directed
fishing would close, reserving the
difference between the HG and ACT
(1,000 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 3 mt of Pacific
mackerel could be landed incidentally
without landing any other CPS. Upon
attainment of the HG (21,469 mt), no
retention of Pacific mackerel would be
allowed in CPS fisheries. In previous
years, the incidental set-aside
established in the mackerel fishery has
been, in part, to ensure that if the
directed quota for mackerel was reached
that the operation of the Pacific sardine
fishery was not overly restricted. There
is no directed Pacific sardine fishery for
the 2015–2016 season, therefore the
need for a high incidental set-aside is
reduced. The purpose of the incidental
set-aside and the allowance of an
incidental fishery is to allow for
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.
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Federal Register / Vol. 80, No. 175 / Thursday, September 10, 2015 / Proposed Rules
The NMFS West Coast Regional
Administrator would 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 would
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 2015–16 Fishing
Year’’ and ‘‘Pacific Mackerel Biomass
Projection Estimate for USA
Management (2015–16)’’ (see
ADDRESSES).
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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 because they contain 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 that this
proposed rule, if adopted, would not
have a significant economic impact on
a substantial number of small entities,
for the following reasons:
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.
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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 2015–2016 Pacific mackerel
fishing season NMFS is proposing an
OFL of 25,291 metric tons (mt), an ABC
and ACL of 23,104 mt, an HG of 21,469
mt and an ACT, which is the directed
fishing harvest target, of 20,469 mt.
These catch specifications are based on
a biomass estimate of 120,435 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;
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.
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 2014–
2015 fishing year, the maximum fishing
level was 29,170 mt and was divided
into a directed fishing harvest target
(ACT) of 24,170 mt and an incidental
set-aside of 5,000 mt. Approximately
3,611 mt was harvested in 2014–2015
fishing season with an estimated exvessel value of approximately $940,000.
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The maximum fishing level for the
2015–2016 Pacific mackerel fishing
season is 21,469 mt, with an ACT of
20,469 mt and an incidental set-aside of
1,000 mt. If the fleet were to take the
entire 2015–2016 ACT, the potential
revenue to the fleet would be
approximately $4.7 million (based on
average ex-vessel price of $230 per mt
during 2013–2014 and 2014–2015),
which is the same as what the estimated
potential revenue was last year for the
2014–2015 season (which was 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
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1.95% of the total revenue from CPS
species and all fish species,
respectively. However, as a result of the
closing of the directed Pacific sardine
fishery for the 2015–2016 fishing year,
there is the potential for more effort to
be shifted to Pacific mackerel resulting
in increased landings and therefore
increased revenue from mackerel.
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;
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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.
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. Because each affected vessel
is a small business, this proposed action
is considered to equally affect all of
these small entities in the same manner.
Based on the disproportionality and
profitability analysis above, the
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proposed action, if adopted, will not
have a significant economic impact on
a substantial number of small entities.
As a result, an Initial Regulatory
Flexibility Analysis is not required, and
none has been prepared.
This action does not contain a
collection-of-information requirement
for purposes of the Paperwork
Reduction Act.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 2, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2015–22781 Filed 9–9–15; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 80, Number 175 (Thursday, September 10, 2015)]
[Proposed Rules]
[Pages 54507-54510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-22781]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 150708591-5591-01]
RIN 0648-XE043
Fisheries Off West Coast States; Coastal Pelagic Species
Fisheries; Annual Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes to implement annual management measures and
harvest specifications to establish the allowable catch levels (i.e.
annual catch limit (ACL)/harvest guideline (HG)) for Pacific mackerel
in the U.S. exclusive economic zone (EEZ) off the Pacific coast for the
fishing season of July 1, 2015, through June 30, 2016. This rule is
proposed pursuant to the Coastal Pelagic Species (CPS) Fishery
Management Plan (FMP). The proposed 2015-2016 HG for Pacific mackerel
is 21,469 metric tons (mt). This is the total commercial fishing target
level. This action also proposes an annual catch target (ACT), of
20,469 mt. If the fishery attains the ACT, the directed fishery will
close, reserving the difference between the HG (21,469 mt) and ACT as a
1,000 mt set-aside for incidental landings in other CPS fisheries and
other sources of mortality. This proposed rule is intended to conserve
and manage the Pacific mackerel stock off the U.S. West Coast.
[[Page 54508]]
DATES: Comments must be received by October 13, 2015.
ADDRESSES: You may submit comments on this document identified by NOAA-
NMFS-2015-0096, 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-2015-0096, 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 2015-16 and 2016-2017 Fishing
Years'' 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), and the biomass and the status of the
fishery are reviewed and discussed. The biomass estimate is then
presented to the Council along with the recommended overfishing limit
(OFL) and acceptable biological catch (ABC) calculations from the SSC,
along with the calculated ACL, HG and ACT recommendations, and comments
from the Team and Subpanel. Following review by the Council and after
reviewing public comment, the Council adopts a biomass estimate and
makes its catch level recommendations to NMFS. NMFS manages the Pacific
mackerel fishery in the U.S. EEZ off the Pacific coast (California,
Oregon, and Washington) in accordance with the FMP. Annual
specifications published in the Federal Register establish the
allowable harvest levels (i.e. OFL/ACL/HG) for each Pacific mackerel
fishing year. The purpose of this proposed rule is to implement the
2015-2016 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 and control rules in the FMP. These
control rules include the HG control rule, which in conjunction with
the OFL and ABC rules in the FMP, are used to manage harvest levels for
Pacific mackerel, in accordance with the Magnuson-Stevens Fishery
Conservation and Management Act, 16 U.S.C. 1801 et seq. According to
the FMP, the quota for the principal commercial fishery is determined
using the FMP-specified HG formula. The HG is based, in large part, on
the current estimate of stock biomass. 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 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 2015-2016 management season this is 120,435 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.
At the June 2015 Council meeting, the Council adopted the ``Pacific
Mackerel (Scomber japonicus) Stock Assessment for USA Management in the
2015-16 and 2016-2017 Fishing Years'' completed by NMFS Southwest
Fisheries Science Center and the resulting Pacific mackerel biomass
estimate for use in the 2015-2016 fishing year of 120,435 mt. Based on
recommendations from its SSC and other advisory bodies, the Council
recommended and NMFS is proposing, an OFL of 25,291 mt, an ABC and ACL
of 23,104 mt, a HG of 21,469 mt, and an ACT of 20,469 mt for the
fishing year of July 1, 2015, to June 30, 2016. Additionally, the
Council also adopted and recommended harvest specifications for the
2016-2017 fishing year; however, currently NMFS is only proposing to
implement the annual harvest measures for the 2015-2016 fishing year. A
subsequent rule will be published later in the year that will propose
the Council's recommendations for the 2016-2017 fishing year.
Under this proposed action, upon attainment of the ACT, the
directed fishing would close, reserving the difference between the HG
and ACT (1,000 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 3
mt of Pacific mackerel could be landed incidentally without landing any
other CPS. Upon attainment of the HG (21,469 mt), no retention of
Pacific mackerel would be allowed in CPS fisheries. In previous years,
the incidental set-aside established in the mackerel fishery has been,
in part, to ensure that if the directed quota for mackerel was reached
that the operation of the Pacific sardine fishery was not overly
restricted. There is no directed Pacific sardine fishery for the 2015-
2016 season, therefore the need for a high incidental set-aside is
reduced. The purpose of the incidental set-aside and the allowance of
an incidental fishery is to allow for 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.
[[Page 54509]]
The NMFS West Coast Regional Administrator would 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 would 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 2015-16 Fishing Year'' and
``Pacific Mackerel Biomass Projection Estimate for USA Management
(2015-16)'' (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 because they contain 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 that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities,
for the following reasons:
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.
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 2015-
2016 Pacific mackerel fishing season NMFS is proposing an OFL of 25,291
metric tons (mt), an ABC and ACL of 23,104 mt, an HG of 21,469 mt and
an ACT, which is the directed fishing harvest target, of 20,469 mt.
These catch specifications are based on a biomass estimate of 120,435
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;
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.
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 2014-2015 fishing year, the
maximum fishing level was 29,170 mt and was divided into a directed
fishing harvest target (ACT) of 24,170 mt and an incidental set-aside
of 5,000 mt. Approximately 3,611 mt was harvested in 2014-2015 fishing
season with an estimated ex-vessel value of approximately $940,000. The
maximum fishing level for the 2015-2016 Pacific mackerel fishing season
is 21,469 mt, with an ACT of 20,469 mt and an incidental set-aside of
1,000 mt. If the fleet were to take the entire 2015-2016 ACT, the
potential revenue to the fleet would be approximately $4.7 million
(based on average ex-vessel price of $230 per mt during 2013-2014 and
2014-2015), which is the same as what the estimated potential revenue
was last year for the 2014-2015 season (which was 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
[[Page 54510]]
1.95% of the total revenue from CPS species and all fish species,
respectively. However, as a result of the closing of the directed
Pacific sardine fishery for the 2015-2016 fishing year, there is the
potential for more effort to be shifted to Pacific mackerel resulting
in increased landings and therefore increased revenue from mackerel.
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.
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. Because each
affected vessel is a small business, this proposed action is considered
to equally affect all of these small entities in the same manner.
Based on the disproportionality and profitability analysis above,
the proposed action, if adopted, will not have a significant economic
impact on a substantial number of small entities. As a result, an
Initial Regulatory Flexibility Analysis is not required, and none has
been prepared.
This action does not contain a collection-of-information
requirement for purposes of the Paperwork Reduction Act.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 2, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2015-22781 Filed 9-9-15; 8:45 am]
BILLING CODE 3510-22-P
