Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications, 33454-33456 [2016-12228]
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Federal Register / Vol. 81, No. 102 / Thursday, May 26, 2016 / Proposed Rules
taken in accordance with the Clean Air
Act.
DATES: Written comments must be
received on or before June 27, 2016.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R01–
OAR–2015–0801 at https://
www.regulations.gov, or via email to
Mackintosh.David@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from Regulations.gov. For either manner
of submission, the EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the ‘‘For
Further Information Contact’’ section.
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information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
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commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
David L. Mackintosh, Air Quality
Planning Unit, U.S. Environmental
Protection Agency, EPA New England
Regional Office, 5 Post Office Square—
Suite 100 (Mail code OEP05–2), Boston,
MA 02109–3912, tel. 617–918–1584, fax
617–918–0668, email
Mackintosh.David@epa.gov.
SUPPLEMENTARY INFORMATION: In the
Final Rules Section of this Federal
Register, EPA is approving the State’s
SIP submittal as a direct final rule
without prior proposal because the
Agency views this as a noncontroversial
submittal and anticipates no adverse
comments. A detailed rationale for the
approval is set forth in the direct final
rule. If no adverse comments are
received in response to this action rule,
no further activity is contemplated. If
EPA receives adverse comments, the
direct final rule will be withdrawn and
all public comments received will be
addressed in a subsequent final rule
based on this proposed rule. EPA will
not institute a second comment period.
Any parties interested in commenting
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on this action should do so at this time.
Please note that if EPA receives adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment.
For additional information, see the
direct final rule which is located in the
Rules Section of this Federal Register.
Dated: May 11, 2016.
H. Curtis Spalding,
Regional Administrator, EPA New England.
[FR Doc. 2016–12397 Filed 5–25–16; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 160411325–6325–01]
RIN 0648–XE568
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
the northern subpopulation of Pacific
sardine (hereafter, simply Pacific
sardine), in the U.S. Exclusive
Economic Zone (EEZ) off the Pacific
coast for the fishing season of July 1,
2016, through June 30, 2017. This rule
is proposed according to the Coastal
Pelagic Species (CPS) Fishery
Management Plan (FMP). The proposed
action would prohibit directed nontribal Pacific sardine commercial fishing
for Pacific sardine off the coasts of
Washington, Oregon and California,
which is required because the estimated
2016 biomass of Pacific sardine has
dropped below the biomass threshold
specified in the HG control rule. Under
the proposed action, Pacific sardine may
still be harvested as part of either the
live bait or tribal fishery or as incidental
catch in other fisheries; the incidental
harvest of Pacific sardine would
initially be limited to 40-percent by
weight of all fish per trip when caught
SUMMARY:
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with other CPS or up to 2 metric tons
(mt) when caught with non-CPS. The
proposed annual catch limit (ACL) for
the 2016–2017 Pacific sardine fishing
year is 8,000 mt. This proposed rule is
intended to conserve and manage the
Pacific sardine stock off the U.S. West
Coast.
DATES: Comments must be received by
June 10, 2016.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2016–0052, 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-20160052, 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 sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter
‘‘N/A’’ in the required fields if you wish
to remain anonymous).
Copies of the report ‘‘Assessment of
Pacific Sardine Resource in 2016 for
U.S.A. Management in 2016–2017’’ may
be obtained from the West Coast Region
(see ADDRESSES).
FOR FURTHER INFORMATION CONTACT:
Joshua Lindsay, West Coast Region,
NMFS, (562) 980–4034, joshua.lindsay@
noaa.gov.
SUPPLEMENTARY INFORMATION: During
public meetings each year, the estimated
biomass for Pacific sardine 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 calculated overfishing limit
(OFL), available biological catch (ABC),
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jstallworth on DSK7TPTVN1PROD with PROPOSALS
Federal Register / Vol. 81, No. 102 / Thursday, May 26, 2016 / Proposed Rules
and HG, along with 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. NMFS
manages the Pacific sardine 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 sardine fishing year. The
purpose of this proposed rule is to
implement these annual catch reference
points for 2016–2017, including the
OFL and an ABC that takes into
consideration uncertainty surrounding
the current estimate of biomass for
Pacific sardine. The FMP and its
implementing regulations require NMFS
to set these 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 HG control rule,
which, in conjunction with the OFL and
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, 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
formula in the CPS FMP is HG =
[(Biomass¥CUTOFF) * FRACTION *
DISTRIBUTION] with the parameters
described as follows:
1. Biomass. The estimated stock
biomass of Pacific sardine age one and
above. For the 2016–2017 management
season this is 106,137 mt.
2. CUTOFF. This is the biomass level
below which no HG is set. The FMP
established this level at 150,000 mt.
3. DISTRIBUTION. The average
portion of the Pacific sardine biomass
estimated in the EEZ off the Pacific
coast is 87 percent.
4. FRACTION. The temperaturevarying harvest fraction is the
percentage of the biomass above 150,000
mt that may be harvested.
As described above, the Pacific
sardine HG control rule, the primary
mechanism for setting the annual
directed commercial fishery quota,
includes a CUTOFF parameter which
has been set as a biomass level of
150,000 mt. This amount is subtracted
from the annual biomass estimate before
calculating the applicable HG for the
fishing year. Therefore, because this
year’s biomass estimate is below that
value, the formula results in an HG of
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zero and therefore no Pacific sardine are
available for the commercial directed
fishery during the 2016–2017 fishing
season.
At the April 2016 Council meeting,
the Council’s SSC approved, and the
Council adopted, the ‘‘Assessment of
the Pacific Sardine Resource in 2016 for
U.S.A. Management in 2016–2017’’,
completed by NMFS Southwest
Fisheries Science Center and the
resulting Pacific sardine biomass
estimate of 106,137 mt as the best
available science for setting harvest
specifications. Based on
recommendations from its SSC and
other advisory bodies, the Council
recommended, and NMFS is proposing,
an OFL of 23,085 mt, an ABC of 19,236
mt, and a prohibition on sardine catch
unless it is harvested as part of either
the live bait or tribal fishery or
incidental to other fisheries for the
2016–2017 Pacific sardine fishing year.
As additional management measures,
the Council also recommended, and
NMFS is proposing, an ACL of 8,000 mt
and that the incidental catch of Pacific
sardine in other CPS fisheries be
managed with the following automatic
inseason actions to reduce the potential
for both targeting and discard of Pacific
sardine:
• An incidental per landing by weight
allowance of 40 percent Pacific sardine
in non-treaty CPS fisheries until a total
of 2,000 mt of Pacific sardine are
landed.
• When 2,000 mt are landed, the
incidental per landing allowance would
be reduced to 30 percent until a total of
5,000 mt of Pacific sardine have been
landed.
• When 5,000 mt have been landed,
the incidental per landing allowance
would be reduced to 10 percent for the
remainder of the 2016–2017 fishing
year.
Because Pacific sardine is known to
comingle with other CPS stocks, these
incidental allowances are proposed to
allow for the continued prosecution of
these other important CPS fisheries and
reduce the potential discard of sardine.
Additionally, a 2 mt incidental per
landing allowance in non-CPS fisheries
is proposed.
The NMFS West Coast Regional
Administrator would publish a notice in
the Federal Register announcing the
date of attainment of any of the
incidental catch levels described above
and subsequent changes to allowable
incidental catch percentages.
Additionally, to ensure that the
regulated community is informed of any
closure, NMFS will also make
announcements through other means
available, including fax, email, and mail
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to fishermen, processors, and state
fishery management agencies.
In the previous 4 fishing years the
Quinault Indian Nation requested, and
NMFS approved, set-asides for the
exclusive right to harvest Pacific sardine
in the Quinault Usual and Accustomed
Fishing Area off the coast of Washington
State, pursuant to the 1856 Treaty of
Olympia (Treaty with the Quinault). For
the 2016–2017 fishing season the
Quinault Indian Nation has requested
that NMFS provide a set-aside of 800 mt
(1,000 mt less than was requested and
approved in 2015–2016) and NMFS is
considering the request.
Detailed information on the fishery
and the stock assessment are found in
the report ‘‘Assessment of the Pacific
Sardine Resource in 2016 for U.S.A.
Management in 2016–2017’’ (see
ADDRESSES).
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Fishery
Conservation and Management Act, the
NMFS Assistant Administrator 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 an economic analysis for this
action in light of the new size standards.
The purpose of this proposed rule is
to conserve the Pacific sardine stock by
preventing overfishing, so that directed
fishing may occur in future years. This
will be accomplished by implementing
the 2016–2017 annual specifications for
Pacific sardine in the U.S. EEZ off the
Pacific coast. The small entities that
would be affected by the proposed
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Federal Register / Vol. 81, No. 102 / Thursday, May 26, 2016 / Proposed Rules
action are the vessels that fish for
Pacific sardine as part of the West Coast
CPS small purse seine fleet. As stated
above, the U.S. Small Business
Administration now defines small
businesses engaged in finfish fishing as
those vessels with annual revenues of
$20.5 million or less. Under the former,
lower standards, all entities subject to
this action in previous years were
considered small entities, and under the
new standards they continue to be
considered small. In 2015, there were
approximately 81 vessels permitted to
operate in the directed sardine fishery
component of the CPS fishery off the
U.S. West Coast; 58 vessels in the
Federal CPS limited entry fishery off
California (south of 39 N. lat.), and a
combined 23 vessels in Oregon and
Washington’s state Pacific sardine
fisheries. The total ex-vessel revenue
from the harvest of CPS finfish in 2015
was approximately $4.7 million, making
the average annual per vessel revenue in
2015 for the West Coast CPS finfish fleet
well below $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 effect on all
of these small entities and will impact
a substantial number of these small
entities in the same manner. Therefore,
this rule would not create
disproportionate costs between small
and large vessels/businesses.
The CPS FMP and its implementing
regulations require NMFS to annually
set an OFL, ABC, ACL and HG or ACT
for the Pacific sardine fishery based on
the specified harvest control rules in the
FMP applied to the current stock
biomass estimate for that year. The
derived annual HG is the level typically
used to manage the principal
commercial sardine fishery and is the
harvest level typically used by NMFS
for profitability analysis each year. As
stated above, the FMP dictates that
when the estimated biomass drops
below a certain level (150,000 mt) there
is no HG. Therefore, for the purposes of
profitability analysis, this action is
essentially proposing an HG of zero for
the 2016–2017 Pacific sardine fishing
season (July 1, 2016 through June 30,
2017). The estimated biomass used for
management during the preceding
fishing year (2015–2016) was also below
150,000 mt, therefore NMFS did not
implement a HG, thereby disallowing a
commercial directed sardine fishery.
Since there is again no directed fishing
for the 2016–2017 fishing year, this
proposed rule will not change the
potential profitability as compared to
the previous fishing year.
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The revenue derived from harvesting
Pacific sardine is typically only one
source of fishing revenue for many of
the vessels that harvest Pacific sardine;
as a result, the economic impact to the
fleet from the proposed action cannot be
viewed in isolation. From year to year,
depending on market conditions and
availability of fish, most CPS/sardine
vessels supplement their income by
harvesting other species. Many vessels
in California also harvest anchovy,
mackerel, and in particular squid,
making Pacific sardine only one
component of a multi-species CPS
fishery. Additionally, some sardine
vessels that operate off of Oregon and
Washington also fish for salmon in
Alaska or squid in California during
times of the year when sardine are not
available. The purpose of the proposed
incidental allowances under this action
are to ensure the vessels impacted by
this sardine action can still access these
other profitable fisheries while still
limiting the harvest of sardine. These
proposed incidental allowances are
similar to those implemented last year
and should not restrict access to those
other fisheries.
CPS vessels typically rely on multiple
species for profitability because
abundance of sardine, like the other CPS
stocks, is highly associated with ocean
conditions and seasonality, 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. 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 Paper Reduction Act.
Authority: 16 U.S.C. 1801 et seq.
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Dated: May 19, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2016–12228 Filed 5–25–16; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
RIN 0648–BF84
Fisheries of the Exclusive Economic
Zone Off Alaska; Chinook Salmon
Bycatch Management in the Gulf of
Alaska Trawl Fisheries; Amendment
103
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability of fishery
management plan amendment; request
for comments.
AGENCY:
The North Pacific Fishery
Management Council has submitted
Amendment 103 to the Fishery
Management Plan for Groundfish of the
Gulf of Alaska (FMP). If approved,
Amendment 103 would allow NMFS to
reapportion unused Chinook salmon
prohibited species catch (PSC) within
and among specific trawl sectors in the
Central and Western Gulf of Alaska
(GOA), based on specific criteria and
within specified limits. Amendment 103
would not increase the current
combined annual PSC limit of 32,500
Chinook salmon that applies to Central
and Western GOA trawl sectors under
the FMP. Amendment 103 would
provide for more flexible management
of GOA trawl Chinook salmon PSC,
increase the likelihood that groundfish
resources are more fully harvested,
reduce the potential for fishery closures,
and maintain overall Chinook salmon
PSC use in the Central and Western
GOA within limits established under
the FMP. Amendment 103 is intended
to promote the goals and objectives of
the Magnuson-Stevens Fishery
Conservation and Management Act, the
FMP, and other applicable laws.
DATES: Comments on the amendment
must be received on or before July 25,
2016.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2016–0023 by either of the
following methods:
SUMMARY:
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]]>Agencies
[Federal Register Volume 81, Number 102 (Thursday, May 26, 2016)]
[Proposed Rules]
[Pages 33454-33456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12228]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 160411325-6325-01]
RIN 0648-XE568
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 the northern
subpopulation of Pacific sardine (hereafter, simply Pacific sardine),
in the U.S. Exclusive Economic Zone (EEZ) off the Pacific coast for the
fishing season of July 1, 2016, through June 30, 2017. This rule is
proposed according to the Coastal Pelagic Species (CPS) Fishery
Management Plan (FMP). The proposed action would prohibit directed non-
tribal Pacific sardine commercial fishing for Pacific sardine off the
coasts of Washington, Oregon and California, which is required because
the estimated 2016 biomass of Pacific sardine has dropped below the
biomass threshold specified in the HG control rule. Under the proposed
action, Pacific sardine may still be harvested as part of either the
live bait or tribal fishery or as incidental catch in other fisheries;
the incidental harvest of Pacific sardine would initially be limited to
40-percent by weight of all fish per trip when caught with other CPS or
up to 2 metric tons (mt) when caught with non-CPS. The proposed annual
catch limit (ACL) for the 2016-2017 Pacific sardine fishing year is
8,000 mt. This proposed rule is intended to conserve and manage the
Pacific sardine stock off the U.S. West Coast.
DATES: Comments must be received by June 10, 2016.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2016-0052, 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-2016-0052, 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 sent by any other method, to any
other address or individual, or received after the end of the comment
period, may not be considered by NMFS. All comments received are a part
of the public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
Copies of the report ``Assessment of Pacific Sardine Resource in
2016 for U.S.A. Management in 2016-2017'' may be obtained from the West
Coast Region (see ADDRESSES).
FOR FURTHER INFORMATION CONTACT: Joshua Lindsay, West Coast Region,
NMFS, (562) 980-4034, joshua.lindsay@noaa.gov.
SUPPLEMENTARY INFORMATION: During public meetings each year, the
estimated biomass for Pacific sardine 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 calculated overfishing limit
(OFL), available biological catch (ABC),
[[Page 33455]]
and HG, along with 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. NMFS manages the Pacific sardine
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 sardine fishing year. The purpose of this
proposed rule is to implement these annual catch reference points for
2016-2017, including the OFL and an ABC that takes into consideration
uncertainty surrounding the current estimate of biomass for Pacific
sardine. The FMP and its implementing regulations require NMFS to set
these 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 HG control rule, which, in conjunction with
the OFL and 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, 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 formula in the CPS FMP is HG
= [(Biomass-CUTOFF) * FRACTION * DISTRIBUTION] with the parameters
described as follows:
1. Biomass. The estimated stock biomass of Pacific sardine age one
and above. For the 2016-2017 management season this is 106,137 mt.
2. CUTOFF. This is the biomass level below which no HG is set. The
FMP established this level at 150,000 mt.
3. DISTRIBUTION. The average portion of the Pacific sardine biomass
estimated in the EEZ off the Pacific coast is 87 percent.
4. FRACTION. The temperature-varying harvest fraction is the
percentage of the biomass above 150,000 mt that may be harvested.
As described above, the Pacific sardine HG control rule, the
primary mechanism for setting the annual directed commercial fishery
quota, includes a CUTOFF parameter which has been set as a biomass
level of 150,000 mt. This amount is subtracted from the annual biomass
estimate before calculating the applicable HG for the fishing year.
Therefore, because this year's biomass estimate is below that value,
the formula results in an HG of zero and therefore no Pacific sardine
are available for the commercial directed fishery during the 2016-2017
fishing season.
At the April 2016 Council meeting, the Council's SSC approved, and
the Council adopted, the ``Assessment of the Pacific Sardine Resource
in 2016 for U.S.A. Management in 2016-2017'', completed by NMFS
Southwest Fisheries Science Center and the resulting Pacific sardine
biomass estimate of 106,137 mt as the best available science for
setting harvest specifications. Based on recommendations from its SSC
and other advisory bodies, the Council recommended, and NMFS is
proposing, an OFL of 23,085 mt, an ABC of 19,236 mt, and a prohibition
on sardine catch unless it is harvested as part of either the live bait
or tribal fishery or incidental to other fisheries for the 2016-2017
Pacific sardine fishing year. As additional management measures, the
Council also recommended, and NMFS is proposing, an ACL of 8,000 mt and
that the incidental catch of Pacific sardine in other CPS fisheries be
managed with the following automatic inseason actions to reduce the
potential for both targeting and discard of Pacific sardine:
An incidental per landing by weight allowance of 40
percent Pacific sardine in non-treaty CPS fisheries until a total of
2,000 mt of Pacific sardine are landed.
When 2,000 mt are landed, the incidental per landing
allowance would be reduced to 30 percent until a total of 5,000 mt of
Pacific sardine have been landed.
When 5,000 mt have been landed, the incidental per landing
allowance would be reduced to 10 percent for the remainder of the 2016-
2017 fishing year.
Because Pacific sardine is known to comingle with other CPS stocks,
these incidental allowances are proposed to allow for the continued
prosecution of these other important CPS fisheries and reduce the
potential discard of sardine. Additionally, a 2 mt incidental per
landing allowance in non-CPS fisheries is proposed.
The NMFS West Coast Regional Administrator would publish a notice
in the Federal Register announcing the date of attainment of any of the
incidental catch levels described above and subsequent changes to
allowable incidental catch percentages. Additionally, to ensure that
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.
In the previous 4 fishing years the Quinault Indian Nation
requested, and NMFS approved, set-asides for the exclusive right to
harvest Pacific sardine in the Quinault Usual and Accustomed Fishing
Area off the coast of Washington State, pursuant to the 1856 Treaty of
Olympia (Treaty with the Quinault). For the 2016-2017 fishing season
the Quinault Indian Nation has requested that NMFS provide a set-aside
of 800 mt (1,000 mt less than was requested and approved in 2015-2016)
and NMFS is considering the request.
Detailed information on the fishery and the stock assessment are
found in the report ``Assessment of the Pacific Sardine Resource in
2016 for U.S.A. Management in 2016-2017'' (see ADDRESSES).
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery
Conservation and Management Act, the NMFS Assistant Administrator 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 an economic analysis for this action in light of the
new size standards.
The purpose of this proposed rule is to conserve the Pacific
sardine stock by preventing overfishing, so that directed fishing may
occur in future years. This will be accomplished by implementing the
2016-2017 annual specifications for Pacific sardine in the U.S. EEZ off
the Pacific coast. The small entities that would be affected by the
proposed
[[Page 33456]]
action are the vessels that fish for Pacific sardine as part of the
West Coast CPS small purse seine fleet. As stated above, the U.S. Small
Business Administration now defines small businesses engaged in finfish
fishing as those vessels with annual revenues of $20.5 million or less.
Under the former, lower standards, all entities subject to this action
in previous years were considered small entities, and under the new
standards they continue to be considered small. In 2015, there were
approximately 81 vessels permitted to operate in the directed sardine
fishery component of the CPS fishery off the U.S. West Coast; 58
vessels in the Federal CPS limited entry fishery off California (south
of 39 N. lat.), and a combined 23 vessels in Oregon and Washington's
state Pacific sardine fisheries. The total ex-vessel revenue from the
harvest of CPS finfish in 2015 was approximately $4.7 million, making
the average annual per vessel revenue in 2015 for the West Coast CPS
finfish fleet well below $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 effect on
all of these small entities and will impact a substantial number of
these small entities in the same manner. Therefore, this rule would not
create disproportionate costs between small and large vessels/
businesses.
The CPS FMP and its implementing regulations require NMFS to
annually set an OFL, ABC, ACL and HG or ACT for the Pacific sardine
fishery based on the specified harvest control rules in the FMP applied
to the current stock biomass estimate for that year. The derived annual
HG is the level typically used to manage the principal commercial
sardine fishery and is the harvest level typically used by NMFS for
profitability analysis each year. As stated above, the FMP dictates
that when the estimated biomass drops below a certain level (150,000
mt) there is no HG. Therefore, for the purposes of profitability
analysis, this action is essentially proposing an HG of zero for the
2016-2017 Pacific sardine fishing season (July 1, 2016 through June 30,
2017). The estimated biomass used for management during the preceding
fishing year (2015-2016) was also below 150,000 mt, therefore NMFS did
not implement a HG, thereby disallowing a commercial directed sardine
fishery. Since there is again no directed fishing for the 2016-2017
fishing year, this proposed rule will not change the potential
profitability as compared to the previous fishing year.
The revenue derived from harvesting Pacific sardine is typically
only one source of fishing revenue for many of the vessels that harvest
Pacific sardine; as a result, the economic impact to the fleet from the
proposed action cannot be viewed in isolation. From year to year,
depending on market conditions and availability of fish, most CPS/
sardine vessels supplement their income by harvesting other species.
Many vessels in California also harvest anchovy, mackerel, and in
particular squid, making Pacific sardine only one component of a multi-
species CPS fishery. Additionally, some sardine vessels that operate
off of Oregon and Washington also fish for salmon in Alaska or squid in
California during times of the year when sardine are not available. The
purpose of the proposed incidental allowances under this action are to
ensure the vessels impacted by this sardine action can still access
these other profitable fisheries while still limiting the harvest of
sardine. These proposed incidental allowances are similar to those
implemented last year and should not restrict access to those other
fisheries.
CPS vessels typically rely on multiple species for profitability
because abundance of sardine, like the other CPS stocks, is highly
associated with ocean conditions and seasonality, 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. 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 Paper Reduction Act.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 19, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2016-12228 Filed 5-25-16; 8:45 am]
BILLING CODE 3510-22-P
