Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications, 41251-41253 [2016-14955]
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Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Rules and Regulations
Convention Area in the area between
20° N. latitude and 20° S. latitude in
2016 or 2017. The Federal Register
notice will be published at least seven
days in advance of the start of the
period announced in the notice. NMFS
will estimate and project the number of
FAD sets using vessel logbooks, and/or
other information sources that it deems
most appropriate and reliable for the
purposes of this section; and
(iv) In any area of high seas, from
January 1 through December 31, 2017.
*
*
*
*
*
(e) Observer coverage. (1) A fishing
vessel of the United States may not be
used to fish with purse seine gear in the
Convention Area without a WCPFC
observer on board. This requirement
does not apply to fishing trips that meet
either of the following conditions:
(i) The portion of the fishing trip
within the Convention Area takes place
entirely within areas under the
jurisdiction of a single nation other than
the United States; or,
(ii) No fishing takes place during the
fishing trip in the Convention Area in
the area between 20 °N. latitude and 20
°S. latitude.
(2) Owners, operators, and crew of
fishing vessels subject to paragraph
(e)(1) of this section must accommodate
WCPFC observers in accordance with
the provisions of § 300.215(c).
(3) Meeting either of the conditions in
paragraphs (e)(1)(i) and (ii) of this
section does not exempt a fishing vessel
from having to carry and accommodate
a WCPFC observer pursuant to § 300.215
or other applicable regulations.
4. In § 300.224, revise paragraph (a) to
read as follows:
■
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§ 300.224
Longline fishing restrictions.
(a) Establishment of bigeye tuna catch
limits. (1) During calendar year 2016
there is a limit of 3,554 metric tons of
bigeye tuna that may be captured in the
Convention Area by longline gear and
retained on board by fishing vessels of
the United States.
(2) During calendar year 2017 there is
a limit of 3,345 metric tons of bigeye
tuna that may be captured in the
Convention Area by longline gear and
retained on board by fishing vessels of
the United States.
*
*
*
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*
[FR Doc. 2016–14967 Filed 6–23–16; 8:45 am]
BILLING CODE 3510–22–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 160411325–6535–02]
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: Final rule.
AGENCY:
NMFS issues this final rule 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. These specifications were
determined according to the Coastal
Pelagic Species (CPS) Fishery
Management Plan (FMP). This action
includes a prohibition on 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 is below
the biomass threshold specified in the
HG control rule. Under this 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 annual catch
limit (ACL) for the 2016–2017 Pacific
sardine fishing year is 8,000 mt. This
rule is intended to conserve and manage
the Pacific sardine stock off the U.S.
West Coast.
DATES: Effective July 1, 2016, through
June 30, 2017.
FOR FURTHER INFORMATION CONTACT:
Joshua Lindsay, West Coast Region,
NMFS, (562) 980–4034, joshua.lindsay@
noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS
manages the Pacific sardine fishery in
the U.S. EEZ off the Pacific coast
(California, Oregon, and Washington) in
accordance with the CPS FMP. Annual
specifications published in the Federal
SUMMARY:
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41251
Register establish the allowable harvest
levels (i.e., overfishing limit (OFL)/ACL/
HG) for each Pacific sardine fishing
year. The purpose of this final rule is to
implement these annual catch reference
points for the 2016–2017 fishing year.
This final rule adopts, without changes,
the catch levels and restrictions that
NMFS proposed in the rule published
on May 26, 2016 (81 FR 33454),
including an OFL and an ABC that takes
into consideration uncertainty
surrounding the current estimate of
biomass for Pacific sardine in the U.S.
EEZ off the Pacific coast.
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. The FMP
established this at 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
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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
implementing, 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
implementing, an ACL of 8,000 mt and
specifying 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 allowance of 40
percent Pacific sardine per landing by
weight 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 allow for the
continued prosecution of these other
important CPS fisheries and reduce the
potential discard of sardine.
Additionally, non-CPS fisheries are
allowed to retain up to 2 mt per landing
of sardine harvested incidentally.
The NMFS West Coast Regional
Administrator will 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.
As explained in the proposed rule,
800 mt of the ACL are being set aside
for tribal harvest use per a request from
the Quinault Indian Nation.
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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 FOR
FURTHER INFORMATION CONTACT).
Comment and Response
On May 26, 2016, NMFS published a
proposed rule for this action and
solicited public comments (81 FR
33454), with a public comment period
that ended on June 10, 2016. NMFS
received one comment letter—explained
below—during the comment period.
After consideration of the public
comment, no changes were made from
the proposed rule. For further
background information on this action
please refer to the preamble of the
proposed rule. NMFS summarizes and
responds below to the comment letter
below.
Comment: The commenter expressed
support for the prohibition on directed
commercial sardine fishing, but is
opposed to the proposed ACL level, and
requested that NMFS instead set an ACL
of no more than 1,000 mt to be divided
among the live bait and tribal sectors,
and to accommodate limited bycatch.
The commenter expressed an opinion
that the proposed ACL of 8,000 mt fails
to follow the harvest control rule
because the FMP states that the harvest
rate should be zero when the biomass
drops below the CUTOFF.
The comment also requested
reconsideration of the sardine harvest
control rule and other aspects of sardine
management, including but not limited
to the existing CUTOFF and Minimum
Stock Size Threshold values. (These
parameters, as well as other changes to
the sardine harvest control rule and
management mentioned by the
commenter are beyond the scope of this
rulemaking and will not be addressed
below.)
Response: First, NMFS notes that the
stock assessment for the 2016–2017
fishing year, as with each annual stock
assessment, went through a multi-stage
review process including being
reviewed and discussed by the Council,
and the Council’s SSC, CPS
management team, and CPS advisory
subpanel to ensure that the best
available science is utilized when
calculating the biomass estimate. This
year’s biomass estimate used for the
2016–2017 specifications, along with
the resulting OFL and ABC, was
endorsed by the Council’s SSC and
NMFS as the best available science.
Although this biomass estimate is still
below the CUTOFF value, triggering the
second year of the closure of the
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primary directed fishery, the estimate is
slightly higher than last year’s estimate.
NMFS disagrees that the ACL
implemented in this rule is not in line
with the FMP or that it fails to prevent
overfishing or will ‘‘contribute to the
continued decline of the sardine
population to an overfished condition’’.
The ACL should be viewed in the
context of the OFL for the northern
subpopulation of Pacific Sardine of
23,085 mt and an ABC of 19,236 mt that
takes into account scientific uncertainty
surrounding the OFL. These reference
limits were recommended by the
Council based on the control rules in
the FMP and were endorsed the
Council’s SSC. The commenter does not
note disagreement with these levels. By
definition, fishing could conceivably
occur up to these levels and overfishing
would not be occurring and therefore
fishing would not be the cause of the
stock moving towards an overfished
state. An ACL of 8,000 mt is well below
both the OFL and ABC, under which
incidental catch of sardine will be
managed, along with the multiple
safeguards in place to keep the catch
under that level, the management
measures implemented by this rule are
more than adequate to prevent
exceeding the OFL.
In response to the commenter’s
opinion that overall harvest rate should
be zero when the biomass drops below
the 150,000 mt CUTOFF, NMFS notes
that the FMP does not forbid incidental,
live bait or tribal harvest in this
situation. The reference provided by the
commenter to of a harvest rate of zero
is specific to the primary directed
fishery; as explained above, this action
sets the directed harvest rate at zero.
Although the commenter states that the
harvest rate in this situation should be
zero, the commenter nevertheless also
seems to agree that the FMP allows
incidental, live bait, or tribal harvest if
the directed harvest is set at zero. The
commenter specifically cites the CPS
FMP language that allows for live bait
harvest when the estimated biomass
drops below the CUTOFF. Additionally,
although the commenter disagrees with
setting the ACL at 8,000 mt because it
would allow a harvest rate above zero
percent (which the commenter argues
would violate the FMP), the commenter
supports an ACL of 1,000 mt (implying
that the commenter recognizes that the
FMP allows a harvest rate above zero
percent).
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Fishery
Conservation and Management Act, the
NMFS Assistant Administrator has
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determined that this final rule is
consistent with the CPS FMP, other
provisions of the Magnuson-Stevens
Fishery Conservation and Management
Act, and other applicable law.
NMFS finds good cause under 5
U.S.C. 553(d)(3) to waive the 30-day
delay in effectiveness for the
establishment of these final harvest
specifications for the 2016–2017 Pacific
sardine fishing season. In accordance
with the FMP, this rule was
recommended by the Council at its
meeting in April 2016, the contents of
which were based on the best available
new information on the population
status of Pacific sardine that became
available at that time. Making these final
specifications effective on July 1 is
necessary for the conservation and
management of the Pacific sardine
resource. The FMP requires a
prohibition on directed fishing for
Pacific sardine for the 2016–2017
fishing year because the sardine biomass
is below the CUTOFF. The purpose of
the CUTOFF in the FMP—and
prohibiting directed fishing when the
biomass drops below this level—is to
protect the stock when biomass is low
and provide a buffer of spawning stock
that is protected from fishing and
available for use in rebuilding the stock.
A delay in the effectiveness of this rule
for a full 30 days would not allow the
implementation of this prohibition prior
to the expiration of the closure of the
directed fishery on July 1, 2016, which
was imposed under the 2015–2016
annual specifications.
Delaying the effective date of this rule
beyond July 1 would be contrary to the
public interest because reducing Pacific
sardine biomass beyond the limits set
out in this action could decrease the
sustainability of the Pacific sardine, as
well as cause future harvest limits to be
even lower under the harvest control
rule, thereby reducing future profits of
the fishery.
These final 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 during
the proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for the
certification was published in the
proposed rule and is not repeated here.
No comments were received regarding
this certification. As a result, a
regulatory flexibility analysis was not
required and none was prepared.
This action does not contain a
collection-of-information requirement
for purposes of the Paper Reduction Act.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 17, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2016–14955 Filed 6–23–16; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 150916863–6211–02]
RIN 0648–XE694
Fisheries of the Exclusive Economic
Zone Off Alaska; Exchange of Flatfish
in the Bering Sea and Aleutian Islands
Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; reallocation.
AGENCY:
NMFS is exchanging unused
flathead sole and yellowfin sole
Community Development Quota (CDQ)
for rock sole CDQ acceptable biological
catch (ABC) reserves in the Bering Sea
and Aleutian Islands management area.
This action is necessary to allow the
2016 total allowable catch of rock sole
in the Bering Sea and Aleutian Islands
management area to be harvested.
SUMMARY:
41253
Effective June 24, 2016 through
December 31, 2016.
FOR FURTHER INFORMATION CONTACT:
Obren Davis, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
Bering Sea and Aleutian Islands
management area (BSAI) according to
the Fishery Management Plan for
Groundfish of the Bering Sea and
Aleutian Islands Management Area
(FMP) prepared by the North Pacific
Fishery Management Council under
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act. Regulations governing fishing by
U.S. vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
The 2016 flathead sole, rock sole, and
yellowfin sole CDQ reserves specified in
the BSAI are 2,247 mt, 5,710 mt, and
15,808 mt as established by the final
2016 and 2017 harvest specifications for
groundfish in the BSAI (81 FR 14773,
March 18, 2016), and one flatfish
exchange (81 FR 21482, April 12, 2016).
The 2016 flathead sole, rock sole, and
yellowfin sole CDQ ABC reserves are
4,842 mt, 11,528 mt, and 6,844 mt as
established by the final 2016 and 2017
harvest specifications for groundfish in
the BSAI (81 FR 14773, March 18,
2016), and one flatfish exchange (81 FR
21482, April 12, 2016).
The Yukon Delta Fisheries
Development Association has requested
that NMFS exchange 15 mt of flathead
sole and 35 mt of yellowfin sole CDQ
reserves for 50 mt of rock sole CDQ ABC
reserve under § 679.31(d). Therefore, in
accordance with § 679.31(d), NMFS
exchanges 15 mt of flathead sole and 35
mt of yellowfin sole CDQ reserves for 50
mt of rock sole CDQ ABC reserves in the
BSAI. This action also decreases and
increases the associated total annual
catches (TAC) and CDQ ABC reserves by
the corresponding amounts. Tables 11
and 13 of the final 2016 and 2017
harvest specifications for groundfish in
the BSAI (81 FR 14773, March 18,
2016), as revised by one flatfish
exchange (81 FR 21842, April 12, 2016),
are revised as follows:
DATES:
TABLE 11—FINAL 2016 COMMUNITY DEVELOPMENT QUOTA (CDQ) RESERVES, INCIDENTAL CATCH AMOUNTS (ICAS), AND
AMENDMENT 80 ALLOCATIONS OF THE ALEUTIAN ISLANDS PACIFIC OCEAN PERCH, AND BSAI FLATHEAD SOLE, ROCK
SOLE, AND YELLOWFIN SOLE TACS
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[Amounts are in metric tons]
Pacific ocean perch
Sector
Eastern
Aleutian
district
TAC ..........................................................
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7,900
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Central
Aleutian
district
Flathead
sole
Western
Aleutian
district
7,000
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Rock
sole
Yellowfin
sole
BSAI
BSAI
BSAI
9,000
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20,985
24JNR1
56,750
144,365
]]>Agencies
[Federal Register Volume 81, Number 122 (Friday, June 24, 2016)]
[Rules and Regulations]
[Pages 41251-41253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14955]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 160411325-6535-02]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this final rule 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.
These specifications were determined according to the Coastal Pelagic
Species (CPS) Fishery Management Plan (FMP). This action includes a
prohibition on 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 is below the biomass threshold specified in the HG
control rule. Under this 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 annual catch limit (ACL) for the 2016-2017 Pacific sardine
fishing year is 8,000 mt. This rule is intended to conserve and manage
the Pacific sardine stock off the U.S. West Coast.
DATES: Effective July 1, 2016, through June 30, 2017.
FOR FURTHER INFORMATION CONTACT: Joshua Lindsay, West Coast Region,
NMFS, (562) 980-4034, joshua.lindsay@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS manages the Pacific sardine fishery in
the U.S. EEZ off the Pacific coast (California, Oregon, and Washington)
in accordance with the CPS FMP. Annual specifications published in the
Federal Register establish the allowable harvest levels (i.e.,
overfishing limit (OFL)/ACL/HG) for each Pacific sardine fishing year.
The purpose of this final rule is to implement these annual catch
reference points for the 2016-2017 fishing year. This final rule
adopts, without changes, the catch levels and restrictions that NMFS
proposed in the rule published on May 26, 2016 (81 FR 33454), including
an OFL and an ABC that takes into consideration uncertainty surrounding
the current estimate of biomass for Pacific sardine in the U.S. EEZ off
the Pacific coast.
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. The FMP
established this at 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
[[Page 41252]]
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 implementing, 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
implementing, an ACL of 8,000 mt and specifying 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 allowance of 40 percent Pacific sardine per
landing by weight 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 allow for the continued prosecution of
these other important CPS fisheries and reduce the potential discard of
sardine. Additionally, non-CPS fisheries are allowed to retain up to 2
mt per landing of sardine harvested incidentally.
The NMFS West Coast Regional Administrator will 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.
As explained in the proposed rule, 800 mt of the ACL are being set
aside for tribal harvest use per a request from the Quinault Indian
Nation.
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 FOR FURTHER INFORMATION
CONTACT).
Comment and Response
On May 26, 2016, NMFS published a proposed rule for this action and
solicited public comments (81 FR 33454), with a public comment period
that ended on June 10, 2016. NMFS received one comment letter--
explained below--during the comment period. After consideration of the
public comment, no changes were made from the proposed rule. For
further background information on this action please refer to the
preamble of the proposed rule. NMFS summarizes and responds below to
the comment letter below.
Comment: The commenter expressed support for the prohibition on
directed commercial sardine fishing, but is opposed to the proposed ACL
level, and requested that NMFS instead set an ACL of no more than 1,000
mt to be divided among the live bait and tribal sectors, and to
accommodate limited bycatch. The commenter expressed an opinion that
the proposed ACL of 8,000 mt fails to follow the harvest control rule
because the FMP states that the harvest rate should be zero when the
biomass drops below the CUTOFF.
The comment also requested reconsideration of the sardine harvest
control rule and other aspects of sardine management, including but not
limited to the existing CUTOFF and Minimum Stock Size Threshold values.
(These parameters, as well as other changes to the sardine harvest
control rule and management mentioned by the commenter are beyond the
scope of this rulemaking and will not be addressed below.)
Response: First, NMFS notes that the stock assessment for the 2016-
2017 fishing year, as with each annual stock assessment, went through a
multi-stage review process including being reviewed and discussed by
the Council, and the Council's SSC, CPS management team, and CPS
advisory subpanel to ensure that the best available science is utilized
when calculating the biomass estimate. This year's biomass estimate
used for the 2016-2017 specifications, along with the resulting OFL and
ABC, was endorsed by the Council's SSC and NMFS as the best available
science. Although this biomass estimate is still below the CUTOFF
value, triggering the second year of the closure of the primary
directed fishery, the estimate is slightly higher than last year's
estimate.
NMFS disagrees that the ACL implemented in this rule is not in line
with the FMP or that it fails to prevent overfishing or will
``contribute to the continued decline of the sardine population to an
overfished condition''. The ACL should be viewed in the context of the
OFL for the northern subpopulation of Pacific Sardine of 23,085 mt and
an ABC of 19,236 mt that takes into account scientific uncertainty
surrounding the OFL. These reference limits were recommended by the
Council based on the control rules in the FMP and were endorsed the
Council's SSC. The commenter does not note disagreement with these
levels. By definition, fishing could conceivably occur up to these
levels and overfishing would not be occurring and therefore fishing
would not be the cause of the stock moving towards an overfished state.
An ACL of 8,000 mt is well below both the OFL and ABC, under which
incidental catch of sardine will be managed, along with the multiple
safeguards in place to keep the catch under that level, the management
measures implemented by this rule are more than adequate to prevent
exceeding the OFL.
In response to the commenter's opinion that overall harvest rate
should be zero when the biomass drops below the 150,000 mt CUTOFF, NMFS
notes that the FMP does not forbid incidental, live bait or tribal
harvest in this situation. The reference provided by the commenter to
of a harvest rate of zero is specific to the primary directed fishery;
as explained above, this action sets the directed harvest rate at zero.
Although the commenter states that the harvest rate in this situation
should be zero, the commenter nevertheless also seems to agree that the
FMP allows incidental, live bait, or tribal harvest if the directed
harvest is set at zero. The commenter specifically cites the CPS FMP
language that allows for live bait harvest when the estimated biomass
drops below the CUTOFF. Additionally, although the commenter disagrees
with setting the ACL at 8,000 mt because it would allow a harvest rate
above zero percent (which the commenter argues would violate the FMP),
the commenter supports an ACL of 1,000 mt (implying that the commenter
recognizes that the FMP allows a harvest rate above zero percent).
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery
Conservation and Management Act, the NMFS Assistant Administrator has
[[Page 41253]]
determined that this final rule is consistent with the CPS FMP, other
provisions of the Magnuson-Stevens Fishery Conservation and Management
Act, and other applicable law.
NMFS finds good cause under 5 U.S.C. 553(d)(3) to waive the 30-day
delay in effectiveness for the establishment of these final harvest
specifications for the 2016-2017 Pacific sardine fishing season. In
accordance with the FMP, this rule was recommended by the Council at
its meeting in April 2016, the contents of which were based on the best
available new information on the population status of Pacific sardine
that became available at that time. Making these final specifications
effective on July 1 is necessary for the conservation and management of
the Pacific sardine resource. The FMP requires a prohibition on
directed fishing for Pacific sardine for the 2016-2017 fishing year
because the sardine biomass is below the CUTOFF. The purpose of the
CUTOFF in the FMP--and prohibiting directed fishing when the biomass
drops below this level--is to protect the stock when biomass is low and
provide a buffer of spawning stock that is protected from fishing and
available for use in rebuilding the stock. A delay in the effectiveness
of this rule for a full 30 days would not allow the implementation of
this prohibition prior to the expiration of the closure of the directed
fishery on July 1, 2016, which was imposed under the 2015-2016 annual
specifications.
Delaying the effective date of this rule beyond July 1 would be
contrary to the public interest because reducing Pacific sardine
biomass beyond the limits set out in this action could decrease the
sustainability of the Pacific sardine, as well as cause future harvest
limits to be even lower under the harvest control rule, thereby
reducing future profits of the fishery.
These final 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 during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.
This action does not contain a collection-of-information
requirement for purposes of the Paper Reduction Act.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 17, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2016-14955 Filed 6-23-16; 8:45 am]
BILLING CODE 3510-22-P
