Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications, 29776-29778 [2017-13685]
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Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Rules and Regulations
Point
A
B
C
D
A
North lat.
...........................
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...........................
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West long.
33°53.040′
33°52.019′
33°49.946′
33°51.041′
33°53.040′
76°28.617′
76°27.798′
76°30.627′
76°31.424′
76°28.617′
(iii) Devil’s Hole/Georgetown Hole
Spawning SMZ is bounded by rhumb
lines connecting, in order, the following
points:
Point
A
B
C
D
A
North lat.
...........................
...........................
...........................
...........................
...........................
West long.
32°34.311′
32°34.311′
32°32.748′
32°32.748′
32°34.311′
78°34.996′
78°33.220′
78°33.220′
78°34.996′
78°34.996′
(iv) Area 51 Spawning SMZ is
bounded by rhumb lines connecting, in
order, the following points:
Point
A
B
C
D
A
North lat.
...........................
...........................
...........................
...........................
...........................
32°35.25′
32°35.25′
32°33.75′
32°33.75′
32°35.25′
West long.
79°28.6′
79°27′
79°27′
79°28.6′
79°28.6′
(v) Area 53 Spawning SMZ is
bounded by rhumb lines connecting, in
order, the following points:
Point
A
B
C
D
A
North lat.
...........................
...........................
...........................
...........................
...........................
32°22.65′
32°22.65′
32°21.15′
32°21.15′
32°22.65′
West long.
79°22.25′
79°20.5′
79°20.5′
79°22.25′
79°22.25′
(vi) Warsaw Hole/50 Fathom Hole
Spawning SMZ is bounded by rhumb
lines connecting, in order, the following
points:
(C) A gillnet, stab net, or trammel net
must be left on the drum. Any
additional such nets not attached to the
drum must be stowed below deck.
(D) Terminal gear (i.e., hook, leader,
sinker, flasher, or bait) used with an
automatic reel, bandit gear, buoy gear,
handline, or rod and reel must be
disconnected and stowed separately
from such fishing gear. Sinkers must be
disconnected from the down rigger and
stowed separately.
(E) A crustacean trap, golden crab
trap, or sea bass pot cannot be baited.
All buoys must be disconnected from
the gear; however, buoys may remain on
deck.
*
*
*
*
*
■ 3. In § 622.194, revise paragraph (a) to
read as follows:
§ 622.194 Adjustment of management
measures.
*
*
*
*
*
(a) Biomass levels, age-structured
analyses, target dates for rebuilding
overfished species, MSY (or proxy), OY,
ABC, TAC, quotas (including a quota of
zero), annual catch limits (ACLs),
annual catch targets (ACTs), AMs,
maximum fishing mortality threshold
(MFMT), minimum stock size threshold
(MSST), trip limits, bag limits, size
limits, gear restrictions (ranging from
regulation to complete prohibition),
seasonal or area closures, fishing year,
rebuilding plans, definitions of essential
fish habitat, essential fish habitat,
essential fish habitat HAPCs or Coral
HAPCs, restrictions on gear and fishing
activities applicable in essential fish
habitat and essential fish habitat
HAPCs, and establish or modify
spawning SMZs.
*
*
*
*
*
[FR Doc. 2017–13751 Filed 6–29–17; 8:45 am]
Point
mstockstill on DSK30JT082PROD with RULES
A
B
C
D
A
North lat.
...........................
...........................
...........................
...........................
...........................
West long.
24°22.277′
24°22.277′
24°20.932′
24°20.932′
24°22.277′
82°20.417′
82°18.215′
82°18.215′
82°20.417′
82°20.417′
(vii) For the purpose of paragraph
(a)(2)(i) of this section, transit means
direct, non-stop progression through the
spawning SMZ. Fishing gear
appropriately stowed means—
(A) A longline may be left on the
drum if all gangions and hooks are
disconnected and stowed below deck.
Hooks cannot be baited. All buoys must
be disconnected from the gear; however,
buoys may remain on deck.
(B) Trawl doors and nets must be out
of the water, but the doors are not
required to be on deck or secured on or
below deck.
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BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 170320292–7580–02]
RIN 0648–XF311
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:
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NMFS issues this 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, Pacific sardine), in the U.S.
exclusive economic zone (EEZ) off the
Pacific coast for the fishing season of
July 1, 2017, through June 30, 2018.
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 off the coasts of
Washington, Oregon, and California,
which is required because the estimated
2017 biomass of Pacific sardine has
dropped 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 ACL for the
2017–2018 Pacific sardine fishing year
is 8,000 mt. This action is intended to
conserve and manage the Pacific sardine
stock off the U.S. West Coast.
DATES: Effective July 1, 2017 through
June 30, 2018.
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 2017–2018 fishing year.
This final rule adopts, without changes,
the catch levels and restrictions that
NMFS proposed in the rule published
on May 30, 2017 (82 FR 24656),
including the OFL and an acceptable
biological catch (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
SUMMARY:
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Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Rules and Regulations
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 2017–2018 management
season, this is 86,586 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. Since this year’s biomass
estimate is below that value, the formula
results in an HG of zero, and no Pacific
sardine are available for the primary
commercial directed fishery during the
2017–2018 fishing season.
At the April 2017 Pacific Fishery
Management Council (Council) meeting,
the Council’s Science and Statistical
Committee (SSC) approved, and the
Council adopted, the ‘‘Assessment of
the Pacific Sardine Resource in 2017 for
U.S. Management in 2017–2018,’’ which
was prepared by NMFS Southwest
Fisheries Science Center. The resulting
Pacific sardine biomass estimate of
86,586 mt is 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 16,957 mt, an
ABC of 15,497 mt, and a prohibition on
Pacific sardine catch, unless it is
harvested as part of either the live bait
or tribal fishery or incidental to other
fisheries for the 2017–2018 Pacific
sardine fishing year. As additional
management measures, the Council also
recommended, and NMFS is
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implementing through this action, 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 will be
reduced to 20 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
will be reduced to 10 percent for the
remainder of the 2017–2018 fishing
year.
Pacific sardine is known to comingle
with other CPS stocks; thus, these
incidental allowances are established to
allow for the continued prosecution of
these other important CPS fisheries and
reduce the potential discard of sardine.
Additionally, an incidental per landing
allowance is allowed in non-CPS
fisheries: Up to 2 mt may be landed per
trip.
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, the
Quinault Indian Nation requested a setaside for tribal harvest of 800 mt (the
same amount that was requested and
approved for 2016–2017). NMFS
considered this request and, per this
action, 800 mt of the 2017–2018 ACL
are being set aside for tribal harvest.
Detailed information on the fishery
and the stock assessment are found in
the report ‘‘Assessment of the Pacific
Sardine Resource in 2017 for U.S.
Management in 2017–2018’’ (see FOR
FURTHER INFORMATION CONTACT).
Comment and Response
On May 30, 2017, NMFS published a
proposed rule for this action and
solicited public comments (82 FR
24656), with a public comment period
that ended on June 14, 2017. NMFS
received one comment letter—explained
below—during the comment period.
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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
opposition to the proposed ACL level,
and requested that NMFS instead set an
ACL of no more than 2,000 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 is contrary to the purpose of the
CUTOFF and that only minimal
incidental catch (i.e., 2,000 mt) should
be allowed to prevent further depletion
and support sardine recovery.
In addition to commenting on the
proposed rule, the bulk of the comment
described various scientific papers and
requested reconsideration of various
aspects of sardine management
including the Minimum Stock Size
Threshold value as well as aspects of
the harvest guideline control rule,
including but not limited to the existing
CUTOFF parameter and the
DISTRIBUTION parameter. (These
parameters, as well as other changes to
the sardine harvest control rule and
management are set in the CPS Plan and
are beyond the scope of this rulemaking;
therefore, they will not be addressed
below.)
Response: NMFS disagrees that the
ACL implemented in this rule is not in
line with the FMP or that it fails to
prevent overfishing or ‘‘is excessive and
risks further depletion and delayed
recovery’’. The ACL should be viewed
in the context of the OFL for the
northern subpopulation of Pacific
Sardine of 16,957 mt and an ABC of
15,497 mt that takes into account
scientific uncertainty surrounding the
OFL. These harvest reference limits
were recommended by the Council
based on the control rules in the FMP
and were endorsed by the Council’s
SSC. The commenter does not question
that the OFL and ABC levels reflect the
best available science. By definition,
harvest up to the level of OFL or ABC
would not constitute overfishing, and
would not drive the stock towards an
overfished state. This rule takes a
conservative approach by limiting
harvest levels by all sources to an ACL
of 8,000 mt, which is well below both
the OFL and ABC. All incidental catch,
live bait harvest and tribal harvest of
sardine will be managed to stay at or
below the ACL, employing multiple
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Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Rules and Regulations
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safeguards to ensure the ACL will not be
exceeded. In short, the management
measures implemented by this rule are
more than adequate to prevent
exceeding the OFL. Additionally, even
in the absence of any fishing mortality,
unfavorable environmental conditions
could keep the sardine population at a
low level. Small pelagic species, such as
sardine, undergo wide natural
fluctuations in abundance, even in the
absence of fishing, from environmental
conditions external to fishing; therefore,
it is highly unlikely that reducing the
ACL from 8,000 mt to 2,000 mt would
measurably affect long-term fluctuations
in Pacific sardine abundance. Based on
the recent stock assessments and NMFS
research, low recent recruitments (i.e.,
the number of young fish maturing into
the spawning population) is the primary
cause of the current downward trend in
overall population size. Recruitment is
believed to be strongly related to
environmental conditions, particularly,
large-scale oceanographic phenomena.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Fishery
Conservation and Management Act, the
NMFS West Coast Regional
Administrator, with the concurrence of
the Assistant Administrator, has
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 laws.
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 2017–2018 Pacific
sardine fishing season. In accordance
with the FMP, this rule was
recommended by the Council at its
meeting in April 2017, the contents of
which were based on the best available
new scientific information on the
population status of Pacific sardine that
became available at that time. Making
these final specifications effective on
July 1, 2017, 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 2017–
2018 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
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implementation of this prohibition prior
to the expiration of the closure of the
directed fishery on July 1, 2017, which
was imposed under the 2016–2017
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 26, 2017.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2017–13685 Filed 6–29–17; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 665
[Docket No. 170330338–7585–02]
RIN 0648–XF335
Pacific Island Fisheries; 2017–18
Annual Catch Limit and Accountability
Measures; Main Hawaiian Islands Deep
7 Bottomfish
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final specifications.
AGENCY:
NMFS specifies an annual
catch limit (ACL) of 306,000 lb for Deep
7 bottomfish in the main Hawaiian
SUMMARY:
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Islands (MHI) for the 2017–18 fishing
year, which will begin on September 1,
2017, and end on August 31, 2018. If
NMFS projects that the fishery will
reach the ACL, NMFS would close the
commercial and non-commercial
fisheries for MHI Deep 7 bottomfish for
the remainder of the fishing year as an
accountability measure (AM). The ACL
and AM support the long-term
sustainability of Hawaii bottomfish.
DATES: The final specifications are
effective from July 31, 2017, through
August 31, 2018.
ADDRESSES: Copies of the Fishery
Ecosystem Plan for the Hawaiian
Archipelago are available from the
Western Pacific Fishery Management
Council (Council), 1164 Bishop St.,
Suite 1400, Honolulu, HI 96813, tel.
808–522–8220, fax 808–522–8226, or
www.wpcouncil.org. Copies of the
environmental assessment and finding
of no significant impact for this action,
identified by NOAA–NMFS–2017–0033,
are available from www.regulations.gov,
or from Michael D. Tosatto, Regional
Administrator, NMFS Pacific Islands
Region (PIR), 1845 Wasp Blvd. Bldg.
176, Honolulu, HI 96818.
FOR FURTHER INFORMATION CONTACT:
Sarah Ellgen, NMFS PIR Sustainable
Fisheries, 808–725–5173.
SUPPLEMENTARY INFORMATION: Through
this action, NMFS is specifying an ACL
of 306,000 lb of Deep 7 bottomfish in
the MHI for the 2017–18 fishing year.
The fishing year begins September 1,
2017, and ends on August 31, 2018. The
Council recommended this ACL, based
on the best available scientific,
commercial, and other information,
taking into account the associated risk
of overfishing. The ACL of 306,000 lb
for 2017–18 is 12,000 lb less than the
ACL that NMFS specified for 2016–17
(82 FR 5429, January 18, 2017).
The MHI Management Subarea is the
portion of U.S. Exclusive Economic
Zone around the Hawaiian Archipelago
east of 161°20′ W. The Deep 7
bottomfish are onaga (Etelis coruscans),
ehu (E. carbunculus), gindai
(Pristipomoides zonatus), kalekale (P.
sieboldii), opakapaka (P. filamentosus),
lehi (Aphareus rutilans), and hapuupuu
(Hyporthodus quernus).
NMFS will monitor the fishery and, if
we project that the fishery will reach the
ACL before August 31, 2018, we would,
as an AM authorized in 50 CFR 665.4(f),
close the non-commercial and
commercial fisheries for Deep 7
bottomfish in Federal waters through
August 31, 2018. During a fishery
closure for Deep 7 bottomfish, no person
may fish for, possess, or sell any of these
fish in the MHI Management Subarea.
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]]>Agencies
[Federal Register Volume 82, Number 125 (Friday, June 30, 2017)]
[Rules and Regulations]
[Pages 29776-29778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13685]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 170320292-7580-02]
RIN 0648-XF311
Fisheries Off West Coast States; Coastal Pelagic Species
Fisheries; Annual Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this rule to implement annual management measures
and 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, Pacific sardine),
in the U.S. exclusive economic zone (EEZ) off the Pacific coast for the
fishing season of July 1, 2017, through June 30, 2018. 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 off the
coasts of Washington, Oregon, and California, which is required because
the estimated 2017 biomass of Pacific sardine has dropped 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 ACL for the 2017-
2018 Pacific sardine fishing year is 8,000 mt. This action is intended
to conserve and manage the Pacific sardine stock off the U.S. West
Coast.
DATES: Effective July 1, 2017 through June 30, 2018.
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 2017-2018 fishing year. This final rule
adopts, without changes, the catch levels and restrictions that NMFS
proposed in the rule published on May 30, 2017 (82 FR 24656), including
the OFL and an acceptable biological catch (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
[[Page 29777]]
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 2017-2018 management season, this is 86,586 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.
Since this year's biomass estimate is below that value, the formula
results in an HG of zero, and no Pacific sardine are available for the
primary commercial directed fishery during the 2017-2018 fishing
season.
At the April 2017 Pacific Fishery Management Council (Council)
meeting, the Council's Science and Statistical Committee (SSC)
approved, and the Council adopted, the ``Assessment of the Pacific
Sardine Resource in 2017 for U.S. Management in 2017-2018,'' which was
prepared by NMFS Southwest Fisheries Science Center. The resulting
Pacific sardine biomass estimate of 86,586 mt is 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 16,957 mt, an ABC of 15,497 mt, and a
prohibition on Pacific sardine catch, unless it is harvested as part of
either the live bait or tribal fishery or incidental to other fisheries
for the 2017-2018 Pacific sardine fishing year. As additional
management measures, the Council also recommended, and NMFS is
implementing through this action, 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 will be reduced to 20 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 will be reduced to 10 percent for the remainder of the 2017-
2018 fishing year.
Pacific sardine is known to comingle with other CPS stocks; thus,
these incidental allowances are established to allow for the continued
prosecution of these other important CPS fisheries and reduce the
potential discard of sardine. Additionally, an incidental per landing
allowance is allowed in non-CPS fisheries: Up to 2 mt may be landed per
trip.
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, the Quinault Indian Nation
requested a set-aside for tribal harvest of 800 mt (the same amount
that was requested and approved for 2016-2017). NMFS considered this
request and, per this action, 800 mt of the 2017-2018 ACL are being set
aside for tribal harvest.
Detailed information on the fishery and the stock assessment are
found in the report ``Assessment of the Pacific Sardine Resource in
2017 for U.S. Management in 2017-2018'' (see FOR FURTHER INFORMATION
CONTACT).
Comment and Response
On May 30, 2017, NMFS published a proposed rule for this action and
solicited public comments (82 FR 24656), with a public comment period
that ended on June 14, 2017. 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 opposition to the proposed ACL
level, and requested that NMFS instead set an ACL of no more than 2,000
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 is contrary to the purpose of the CUTOFF
and that only minimal incidental catch (i.e., 2,000 mt) should be
allowed to prevent further depletion and support sardine recovery.
In addition to commenting on the proposed rule, the bulk of the
comment described various scientific papers and requested
reconsideration of various aspects of sardine management including the
Minimum Stock Size Threshold value as well as aspects of the harvest
guideline control rule, including but not limited to the existing
CUTOFF parameter and the DISTRIBUTION parameter. (These parameters, as
well as other changes to the sardine harvest control rule and
management are set in the CPS Plan and are beyond the scope of this
rulemaking; therefore, they will not be addressed below.)
Response: NMFS disagrees that the ACL implemented in this rule is
not in line with the FMP or that it fails to prevent overfishing or
``is excessive and risks further depletion and delayed recovery''. The
ACL should be viewed in the context of the OFL for the northern
subpopulation of Pacific Sardine of 16,957 mt and an ABC of 15,497 mt
that takes into account scientific uncertainty surrounding the OFL.
These harvest reference limits were recommended by the Council based on
the control rules in the FMP and were endorsed by the Council's SSC.
The commenter does not question that the OFL and ABC levels reflect the
best available science. By definition, harvest up to the level of OFL
or ABC would not constitute overfishing, and would not drive the stock
towards an overfished state. This rule takes a conservative approach by
limiting harvest levels by all sources to an ACL of 8,000 mt, which is
well below both the OFL and ABC. All incidental catch, live bait
harvest and tribal harvest of sardine will be managed to stay at or
below the ACL, employing multiple
[[Page 29778]]
safeguards to ensure the ACL will not be exceeded. In short, the
management measures implemented by this rule are more than adequate to
prevent exceeding the OFL. Additionally, even in the absence of any
fishing mortality, unfavorable environmental conditions could keep the
sardine population at a low level. Small pelagic species, such as
sardine, undergo wide natural fluctuations in abundance, even in the
absence of fishing, from environmental conditions external to fishing;
therefore, it is highly unlikely that reducing the ACL from 8,000 mt to
2,000 mt would measurably affect long-term fluctuations in Pacific
sardine abundance. Based on the recent stock assessments and NMFS
research, low recent recruitments (i.e., the number of young fish
maturing into the spawning population) is the primary cause of the
current downward trend in overall population size. Recruitment is
believed to be strongly related to environmental conditions,
particularly, large-scale oceanographic phenomena.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery
Conservation and Management Act, the NMFS West Coast Regional
Administrator, with the concurrence of the Assistant Administrator, has
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 laws.
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 2017-2018 Pacific sardine fishing season. In
accordance with the FMP, this rule was recommended by the Council at
its meeting in April 2017, the contents of which were based on the best
available new scientific information on the population status of
Pacific sardine that became available at that time. Making these final
specifications effective on July 1, 2017, 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
2017-2018 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, 2017, which was imposed
under the 2016-2017 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 26, 2017.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2017-13685 Filed 6-29-17; 8:45 am]
BILLING CODE 3510-22-P
