Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Biennial Specifications, 56204-56207 [2017-25614]
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Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / Proposed Rules
Accordingly, a Small Entity Compliance
Guide is not required.
Executive Order 13771
This rule is not an Executive Order
(E.O.) 13771 (82 FR 9339, February 3,
2017) regulatory action because this rule
is not significant under E.O. 12866.
Clarity of This Rule
We are required by Executive Orders
12866 and 12988 and by the
Presidential Memorandum of June 1,
1998, to write all rules in plain
language. This means that each rule we
publish must:
(a) Be logically organized;
(b) Use the active voice to address
readers directly;
(c) Use clear language rather than
jargon;
(d) Be divided into short sections and
sentences; and
(e) Use lists and tables wherever
possible.
If you feel that we have not met these
requirements, send us comments by one
of the methods listed in ADDRESSES. To
better help us revise the rule, your
comments should be as specific as
possible. For example, you should tell
us the numbers of the sections or
paragraphs that are unclearly written,
which sections or sentences are too
long, the sections where you feel lists or
tables would be useful, etc.
List of Subjects in 50 CFR Part 91
Hunting, Wildlife.
Proposed Regulation Promulgation
For the reasons stated in the
preamble, we propose to further amend
50 CFR part 91, as proposed to be
amended at 81 FR 7279 (February 11,
2016), as set forth below:
PART 91—MIGRATORY BIRD
HUNTING AND CONSERVATION
STAMP CONTEST
1. The authority citation for part 91
continues to read as follows:
■
Authority: 5 U.S.C. 301; 16 U.S.C. 718j; 31
U.S.C. 9701.
2. Amend § 91.4 by revising
paragraphs (b) and (d) to read as
follows:
■
jstallworth on DSKBBY8HB2PROD with PROPOSALS
§ 91.4
Eligible species.
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(b) Geese.
(1) Emperor Goose (Anser canagicus)
(2) Snow Goose (including ‘‘white’’ and
‘‘blue’’ morphs) (Anser caerulescens)
(3) Ross’s Goose (Anser rossii)
(4) Greater White-fronted Goose (Anser
albifrons)
(5) Brant (Branta bernicla)
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(6) Cackling Goose (Branta hutchinsii)
(7) Canada Goose (Branta canadensis)
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(d) Dabbling Ducks.
(1) Wood Duck (Aix sponsa)
(2) Blue-winged Teal (Spatula discors)
(3) Cinnamon Teal (Spatula cyanoptera)
(4) Northern Shoveler (Spatula clypeata)
(5) Gadwall (Mareca strepera)
(6) American Wigeon (Mareca
americana)
(7) Mallard (Anas platyrhynchos)
(8) American Black Duck (Anas
rubripes)
(9) Mottled Duck (Anas fulvigula)
(10) Northern Pintail (Anas acuta)
(11) Green-winged Teal (Anas crecca)
*
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■ 3. Revise § 91.14 to read as follows:
§ 91.15
§ 91.14
entry.
§ 91.23
Restrictions on subject matter for
(a) A live portrayal of any bird(s) of
the five or fewer identified eligible
waterfowl species must be the dominant
feature of the design. The design may
depict more than one of the eligible
species. The judges’ overall mandate is
to select the best design that will make
an interesting, useful, and attractive
duck stamp that will be accepted and
prized by hunters, stamp collectors,
conservationists, and others. The design
must be the contestant’s original handdrawn creation. The entry design may
not be copied or duplicated from
previously published art, including
photographs, or from images in any
format published on the Internet.
Photographs, computer-generated art, or
art produced from a computer printer or
other computer/mechanical output
device (airbrush method excepted) are
not eligible to be entered into the
contest and will be disqualified. An
entry submitted in a prior contest that
was not selected for a Federal or State
stamp design may be submitted in the
current contest if the entry meets the
criteria set forth in this section.
(b) The 2018 Contest. In addition to
the restrictions set forth in paragraph
(a), in 2018 only, designs will also be
required to include appropriate huntingrelated accessories and/or scenes
celebrating the Federal Duck Stamp’s
long-standing connection as part of our
Nation’s waterfowl hunting heritage and
the contributions to conservation made
by waterfowl hunters. Designs may
include, but are not limited to, hunting
dogs, hunting scenes, hunting
equipment, waterfowl decoys, managed
waterfowl areas as the background of
habitat scenes, or other designs that
represent our waterfowl hunting
heritage. The design chosen will clearly
meet the theme of ‘‘celebrating our
hunting heritage.’’
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[Removed and Reserved]
4. Remove and reserve § 91.15.
5. In § 91.21, designate the text in
paragraph (b) after the paragraph header
as paragraph (b)(1) and add paragraph
(b)(2) to read as follows:
■
■
§ 91.21 Selection and qualification of
contest judges.
*
*
*
*
*
(b) Qualifications. (1) * * *
(2) The 2018 Contest. In 2018 only, it
will also be mandatory that all selected
judges have an understanding and
appreciation of the waterfowl hunting
heritage and be able to recognize
waterfowl hunting paraphernalia.
*
*
*
*
*
■ 6. Revise § 91.23 to read as follows:
Scoring criteria for contest.
(a) Entries will be judged on the basis
of anatomical accuracy, artistic
composition, and suitability for
reduction in the production of a stamp.
(b) The 2018 Contest. In 2018 only,
entries will also be judged on how well
they illustrate the theme of ‘‘celebrating
our hunting heritage.’’
Dated: November 8, 2017.
Jason Larrabee,
Acting Assistant Secretary for Fish and
Wildlife and Parks.
[FR Doc. 2017–25661 Filed 11–27–17; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 170901861–7861–01]
RIN 0648–BH08
Fisheries Off West Coast States;
Coastal Pelagic Species Fisheries;
Biennial Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule.
AGENCY:
NMFS proposes to implement
annual harvest specifications and
management measures to establish the
allowable catch levels for Pacific
mackerel in the U.S. exclusive economic
zone (EEZ) off the West Coast
(California, Oregon and Washington) for
the fishing years 2017–2018 and 2018–
2019. This rule is proposed pursuant to
the Coastal Pelagic Species (CPS)
Fishery Management Plan (FMP). The
proposed harvest guideline (HG) and
SUMMARY:
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Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / Proposed Rules
annual catch target (ACT) for the 2017–
2018 fishing year are 26,293 metric tons
(mt) and 25,293 mt respectively. The
proposed HG and ACT for the 2018–
2019 fishing year are 23,840 mt and
22,840 mt respectively. If the fishery
attains the ACT in either fishing year,
the directed fishery will close, reserving
the difference between the HG and ACT
as a 1,000 mt set-aside for incidental
landings in other CPS fisheries and
other sources of mortality. If the HG is
reached, all retention would be
prohibited through the end of the
fishing year. This rule is intended to
conserve and manage the Pacific
mackerel stock off the U.S. West Coast.
DATES: Comments must be received by
December 28, 2017.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2017–0134, 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-20170134, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Barry A. Thom, Regional Administrator,
West Coast Region, NMFS, 501 W.
Ocean Blvd., Ste. 4200, Long Beach, CA
90802–4250; Attn: Joshua Lindsay.
Instructions: Comments must be
submitted by one of the above methods
to ensure that the comments are
received, documented, and considered
by NMFS. Comments sent by any other
method, to any other address or
individual, or received after the end of
the comment period, may not be
considered. All comments received are
a part of the public record and will
generally be posted for public viewing
on www.regulations.gov without change.
All personal identifying information
(e.g., name, address, etc.) submitted
voluntarily by the sender will be
publicly accessible. Do not submit
confidential business information, or
otherwise sensitive or protected
information. NMFS will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous).
Copies of the report, ‘‘Pacific
Mackerel Biomass Projection Estimate
for USA Management in 2017–2018 and
2018–2019’’ may be obtained from the
West Coast Regional Office.
FOR FURTHER INFORMATION CONTACT:
Joshua Lindsay, West Coast Region,
NMFS, (562) 980–4034.
SUPPLEMENTARY INFORMATION: Under the
Magnuson-Stevens Fishery
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Conservation and Management Act
(Magnuson-Stevens Act), 16 U.S.C. 1801
et seq., NMFS manages the Pacific
mackerel fishery in the U.S. EEZ off the
West Coast in accordance with the CPS
FMP. The CPS FMP and its
implementing regulations require NMFS
to set annual harvest specifications for
the Pacific mackerel fishery based on
the annual specification framework and
control rules in the FMP. The purpose
of this proposed rule is to implement
these harvest specifications, which
include allowable harvest levels (ACT/
HG/annual catch level [ACL]), as well as
annual catch reference points
(overfishing limit [OFL] and acceptable
biological catch [ABC]) that take into
consideration uncertainty surrounding
the current biomass estimates for Pacific
mackerel for the 2017–2018 and 2018–
2019 fishing years.
During public meetings each year,
biomass estimates for Pacific mackerel
are presented to the Pacific Fishery
Management Council’s (Council) CPS
Management Team (CPSMT), the
Council’s CPS Advisory Subpanel
(CPSAS) and the Council’s Scientific
and Statistical Committee (SSC), where
the biomass estimates and the status of
the fisheries are reviewed and
discussed. These biomass estimates are
then presented to the Council along
with the calculated OFL, ABC, ACL, HG
and ACT recommendations and
comments from the CPSMT, CPSAS and
SSC. Following review by the Council
and after hearing public comment, the
Council adopts biomass estimates and
makes its harvest specification
recommendations to NMFS. Biennial
specifications published in the Federal
Register establish these allowable
harvest levels (i.e., ACT/ACL/HG) for
the upcoming two Pacific mackerel
fishing years. This is the first proposed
rule where harvest specifications are
being adopted for the upcoming two
fishing years (2017–2018 and 2018–
2019) per the recently published final
rule (82 FR 35687; August 1, 2017) that
changed the CPS FMP management
framework so that Pacific mackerel
harvest specifications could be adopted
biennially instead of annually.
The control rules in the CPS FMP
include the HG control rule, which in
conjunction with the OFL and ABC
rules, are used to manage harvest levels
for Pacific mackerel. According to the
FMP, the quota for the principal
commercial fishery, the HG, is
determined using the FMP-specified HG
formula. The HG is based, in large part,
on the current estimate of stock
biomass. The biomass estimate is an
explicit part of the various harvest
control rules for Pacific mackerel, and
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as the estimated biomass decreases or
increases from one year to the next, the
resulting allowable catch levels
similarly trend. The harvest control rule
in the CPS FMP is HG = [(BiomassCutoff) * Fraction * Distribution] with
the parameters described as follows:
1. Biomass. The estimated stock
biomass of Pacific mackerel for the
2017–2018 management season is
143,403 mt. The estimated stock
biomass of Pacific mackerel for the
2018–2019 management season 131,724
mt.
2. Cutoff. This is the biomass level
below which no commercial fishery is
allowed. The FMP established this level
at 18,200 mt.
3. Fraction. The harvest fraction is the
percentage of the biomass above 18,200
mt that may be harvested. This is set in
the FMP at 30 percent.
4. Distribution. The average portion of
the Pacific mackerel biomass estimated
in the U.S. EEZ off the Pacific coast is
70 percent and is based on the average
historical larval distribution obtained
from scientific cruises and the
distribution of the resource according to
the logbooks of aerial fish-spotters.
The Council has recommended and
NMFS is proposing, Pacific mackerel
harvest specifications and management
measures for both the 2017–2018 and
2018–2019 fishing years. For the 2017–
2018 Pacific mackerel fishing year these
include an OFL of 30,115 metric tons
(mt), an ABC and ACL of 27,510 mt, a
HG of 26,293 mt, and an annual ACT of
25,293 mt. For the 2018–2019 Pacific
mackerel fishing year these include an
OFL of 27,662 mt, and ABC and ACL of
25,269 mt, a HG of 23,840 mt, and an
ACT of 22,840 mt. The Pacific mackerel
fishing season runs from July 1 to June
30. These catch specifications are based
on the control rules established in the
CPS FMP and biomass estimates of
143,403 mt (2017–2018) and 131,724 mt
(2018–2019); these biomass estimates
are the result of a full stock assessment
completed in June 2015 and a
subsequent catch-only projection
estimate completed in June 2017 by
NMFS Southwest Fisheries Science
Center and approved by the Council’s
SSC and the Council at their June 2017
meeting as best available science (see
ADDRESSES).
Under this proposed action, upon the
unlikely attainment of the ACT in either
fishing year, directed fishing would
close, reserving the difference between
the HG and ACT (1,000 mt) as a set
aside for incidental landings in other
fisheries and other sources of mortality.
For the remainder of the fishing year,
incidental landings would be
constrained to a 45-percent incidental
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catch allowance when Pacific mackerel
are landed with other CPS (in other
words, no more than 45 percent by
weight of the CPS landed per trip may
be Pacific mackerel) or up to 3 mt of
Pacific mackerel could be landed
incidentally in non-CPS fisheries.1
Upon attainment or projected
attainment of the HG, no retention of
Pacific mackerel would be allowed even
as incidental catch. The purpose of the
incidental set-aside and allowance of an
incidental fishery is to allow for the
restricted incidental landings of Pacific
mackerel in other fisheries, particularly
other CPS fisheries, when the directed
fishery is closed to reduce potential
discard of Pacific mackerel and allow
for continued prosecution of other
important stocks that may school with
Pacific mackerel.
The NMFS West Coast Regional
Administrator will publish a notice in
the Federal Register announcing the
date of any closure of either (1) directed
fishing (when harvest levels near or take
the ACT) or (2) retention—including by
incidental fishing (when harvest levels
near or attain the HG). Additionally, to
ensure the regulated community is
informed of any closure, NMFS will also
make announcements through other
means available, including fax, email,
and mail to fishermen, processors, and
state fishery management agencies. This
rule would also add paragraph (p) to the
prohibitions section at 50 CFR 660.505
referencing the prohibition on retention,
possession, or landing of Pacific
mackerel for the remainder of the year
after the closure date specified in the
Federal Register notice published by
the Regional Administrator.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this proposed rule is consistent
with the CPS FMP, other provisions of
the Magnuson-Stevens Act, and other
applicable law, subject to further
consideration after public comment.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration that this
proposed rule, if adopted, would not
have a significant economic impact on
a substantial number of small entities,
for the following reasons:
1 Live bait fishing is excluded from closures of the
directed fishery, and Amendment 16 to the CPS
FMP, if approved, would allow very small directed
fisheries to continue even when most directed were
closed.
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For Regulatory Flexibility Act (RFA)
purposes only, NMFS has established a
small business size standard for
businesses, including their affiliates,
whose primary industry is commercial
fishing (see 50 CFR 200.2). A business
primarily engaged in commercial fishing
(NAICS code 11411) is classified as a
small business if it is independently
owned and operated, is not dominant in
its field of operation (including its
affiliates), and has combined annual
receipts not in excess of $11 million for
all its affiliated operations worldwide.
Pacific mackerel are principally
caught off southern California within
the limited entry portion (south of 39
degrees N. latitude; Point Arena,
California) of the CPS fishery and is one
component of CPS fisheries off the U.S.
West Coast, which also includes the
fisheries for Pacific sardine, northern
anchovy and market squid. The small
entities that would be affected by the
proposed action are those vessels that
harvest Pacific mackerel as part of the
West Coast CPS purse seine fleet and are
all considered small business under the
above size standards. Currently there are
58 vessels permitted in the Federal CPS
limited entry fishery off California. The
average annual per vessel revenue in
2016 for those vessels was well below
the threshold level of $11 million;
therefore, all of these vessels are
considered small businesses under the
RFA. Therefore, this rule would not
create disproportionate costs between
small and large vessels/businesses.
NMFS used the ex-vessel revenue
information for a profitability analysis,
as the cost data for the harvesting
operations of CPS finfish vessels was
limited or unavailable. For the 2016–
2017 fishing year, the HG was 21,161 mt
and was divided into an ACT of 20,161
mt and an incidental set-aside of 1,000
mt. Approximately 1,492.16 mt of
Pacific mackerel was harvested in the
2016–2017 fishing year with an
estimated ex-vessel value of
approximately $417,616.
The HG for the 2017–2018 Pacific
mackerel fishing year is 26,293 mt, with
an ACT of 25,293 mt and an incidental
set-aside of 1,000 mt. The HG for the
2018–2019 Pacific mackerel fishing year
is 23,840 mt with an ACT of 22,840 mt
and an incidental set-aside of 1,000 mt.
These proposed ACTs are similar to the
ACT established for the 2016–2017
fishing year (20,161 mt), thus it is highly
unlikely that the ACTs proposed in this
rule will limit the potential profitability
to the fleet from catching Pacific
mackerel compared to last season or
recent catch levels, as shown below.
The annual average U.S. Pacific
mackerel harvest in recent years (2010–
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2015) has been about 5,000 mt. In this
period, the landings have not exceeded
11,800 mt. Additionally, annual average
landings during the last decade (2005–
2015) have not been restricted by the
applicable quota. Accordingly, vessel
income from fishing is not expected to
be altered as a result of this rule as it
compares to recent catches in the
fishery, including under the previous
season’s regulations.
Based on the disproportionality and
profitability analysis above, the
proposed action, if adopted, will not
have adverse or disproportional
economic impact on these small
business entities. As a result, an Initial
Regulatory Flexibility Analysis is not
required, and none has been prepared.
This action does not contain a
collection-of-information requirement
for purposes of the Paperwork
Reduction Act.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Reporting and
recordkeeping requirements.
Dated: November 21, 2017.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 660 is proposed
to be amended as follows:
PART 660—FISHERIES OFF WEST
COAST STATES
1. The authority citation for part 660
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq., 16 U.S.C.
773 et seq., and 16 U.S.C. 7001 et seq.
2. In § 660.505, add paragraph (p) to
read as follows:
■
§ 660.505
Prohibitions.
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*
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*
(p) Retain, possess or land Pacific
mackerel after an announcement under
§ 660.511(j) that the harvest guideline
has been taken or is projected to be
reached soon.
■ 3. In § 660.511, add paragraphs (i) and
(j) to read as follows:
§ 660.511
Catch restrictions.
*
*
*
*
*
(i) The following harvest
specifications apply for Pacific
mackerel:
(1) For the Pacific mackerel fishing
season July 1, 2017, through June 30,
2018, the harvest guideline is 26,293 mt
and the ACT is 25,293 mt;
(2) For the Pacific mackerel fishing
season July 1, 2018, through June 30,
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2019, the harvest guideline is 23,840 mt
and the ACT of 22,840 mt.
(j) When an ACT in paragraph (i) of
this section has been reached or is
projected to be reached soon, then for
the remainder of the Pacific mackerel
fishing season, Pacific mackerel may not
be targeted and landings of Pacific
mackerel may not exceed 45 percent of
landings when Pacific mackerel are
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landed with other CPS (in other words,
no more than 45 percent by weight of
the CPS landed per trip may be Pacific
mackerel), except that up to 3 mt of
Pacific mackerel may be landed without
landing any other CPS. When a harvest
guideline in paragraph (i) of this section
has been reached or is projected to be
reached soon, no further retention of
Pacific mackerel is allowed through the
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end of the Pacific mackerel fishing
season. The Regional Administer shall
announce in the Federal Register the
date that an ACT or the harvest
guideline is reached or is expected to be
reached, and the date and time that the
restrictions described in this paragraph
go into effect.
[FR Doc. 2017–25614 Filed 11–27–17; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 82, Number 227 (Tuesday, November 28, 2017)]
[Proposed Rules]
[Pages 56204-56207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25614]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 170901861-7861-01]
RIN 0648-BH08
Fisheries Off West Coast States; Coastal Pelagic Species
Fisheries; Biennial Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes to implement annual harvest specifications and
management measures to establish the allowable catch levels for Pacific
mackerel in the U.S. exclusive economic zone (EEZ) off the West Coast
(California, Oregon and Washington) for the fishing years 2017-2018 and
2018-2019. This rule is proposed pursuant to the Coastal Pelagic
Species (CPS) Fishery Management Plan (FMP). The proposed harvest
guideline (HG) and
[[Page 56205]]
annual catch target (ACT) for the 2017-2018 fishing year are 26,293
metric tons (mt) and 25,293 mt respectively. The proposed HG and ACT
for the 2018-2019 fishing year are 23,840 mt and 22,840 mt
respectively. If the fishery attains the ACT in either fishing year,
the directed fishery will close, reserving the difference between the
HG and ACT as a 1,000 mt set-aside for incidental landings in other CPS
fisheries and other sources of mortality. If the HG is reached, all
retention would be prohibited through the end of the fishing year. This
rule is intended to conserve and manage the Pacific mackerel stock off
the U.S. West Coast.
DATES: Comments must be received by December 28, 2017.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2017-0134, 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-2017-0134, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Barry A. Thom, Regional
Administrator, West Coast Region, NMFS, 501 W. Ocean Blvd., Ste. 4200,
Long Beach, CA 90802-4250; Attn: Joshua Lindsay.
Instructions: Comments must be submitted by one of the above
methods to ensure that the comments are received, documented, and
considered by NMFS. Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered. All comments received are a part of the public
record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.) submitted voluntarily by the
sender will be publicly accessible. Do not submit confidential business
information, or otherwise sensitive or protected information. NMFS will
accept anonymous comments (enter ``N/A'' in the required fields if you
wish to remain anonymous).
Copies of the report, ``Pacific Mackerel Biomass Projection
Estimate for USA Management in 2017-2018 and 2018-2019'' may be
obtained from the West Coast Regional Office.
FOR FURTHER INFORMATION CONTACT: Joshua Lindsay, West Coast Region,
NMFS, (562) 980-4034.
SUPPLEMENTARY INFORMATION: Under the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801
et seq., NMFS manages the Pacific mackerel fishery in the U.S. EEZ off
the West Coast in accordance with the CPS FMP. The CPS FMP and its
implementing regulations require NMFS to set annual harvest
specifications for the Pacific mackerel fishery based on the annual
specification framework and control rules in the FMP. The purpose of
this proposed rule is to implement these harvest specifications, which
include allowable harvest levels (ACT/HG/annual catch level [ACL]), as
well as annual catch reference points (overfishing limit [OFL] and
acceptable biological catch [ABC]) that take into consideration
uncertainty surrounding the current biomass estimates for Pacific
mackerel for the 2017-2018 and 2018-2019 fishing years.
During public meetings each year, biomass estimates for Pacific
mackerel are presented to the Pacific Fishery Management Council's
(Council) CPS Management Team (CPSMT), the Council's CPS Advisory
Subpanel (CPSAS) and the Council's Scientific and Statistical Committee
(SSC), where the biomass estimates and the status of the fisheries are
reviewed and discussed. These biomass estimates are then presented to
the Council along with the calculated OFL, ABC, ACL, HG and ACT
recommendations and comments from the CPSMT, CPSAS and SSC. Following
review by the Council and after hearing public comment, the Council
adopts biomass estimates and makes its harvest specification
recommendations to NMFS. Biennial specifications published in the
Federal Register establish these allowable harvest levels (i.e., ACT/
ACL/HG) for the upcoming two Pacific mackerel fishing years. This is
the first proposed rule where harvest specifications are being adopted
for the upcoming two fishing years (2017-2018 and 2018-2019) per the
recently published final rule (82 FR 35687; August 1, 2017) that
changed the CPS FMP management framework so that Pacific mackerel
harvest specifications could be adopted biennially instead of annually.
The control rules in the CPS FMP include the HG control rule, which
in conjunction with the OFL and ABC rules, are used to manage harvest
levels for Pacific mackerel. According to the FMP, the quota for the
principal commercial fishery, the HG, is determined using the FMP-
specified HG formula. The HG is based, in large part, on the current
estimate of stock biomass. The biomass estimate is an explicit part of
the various harvest control rules for Pacific mackerel, and as the
estimated biomass decreases or increases from one year to the next, the
resulting allowable catch levels similarly trend. The harvest control
rule in the CPS FMP is HG = [(Biomass-Cutoff) * Fraction *
Distribution] with the parameters described as follows:
1. Biomass. The estimated stock biomass of Pacific mackerel for the
2017-2018 management season is 143,403 mt. The estimated stock biomass
of Pacific mackerel for the 2018-2019 management season 131,724 mt.
2. Cutoff. This is the biomass level below which no commercial
fishery is allowed. The FMP established this level at 18,200 mt.
3. Fraction. The harvest fraction is the percentage of the biomass
above 18,200 mt that may be harvested. This is set in the FMP at 30
percent.
4. Distribution. The average portion of the Pacific mackerel
biomass estimated in the U.S. EEZ off the Pacific coast is 70 percent
and is based on the average historical larval distribution obtained
from scientific cruises and the distribution of the resource according
to the logbooks of aerial fish-spotters.
The Council has recommended and NMFS is proposing, Pacific mackerel
harvest specifications and management measures for both the 2017-2018
and 2018-2019 fishing years. For the 2017-2018 Pacific mackerel fishing
year these include an OFL of 30,115 metric tons (mt), an ABC and ACL of
27,510 mt, a HG of 26,293 mt, and an annual ACT of 25,293 mt. For the
2018-2019 Pacific mackerel fishing year these include an OFL of 27,662
mt, and ABC and ACL of 25,269 mt, a HG of 23,840 mt, and an ACT of
22,840 mt. The Pacific mackerel fishing season runs from July 1 to June
30. These catch specifications are based on the control rules
established in the CPS FMP and biomass estimates of 143,403 mt (2017-
2018) and 131,724 mt (2018-2019); these biomass estimates are the
result of a full stock assessment completed in June 2015 and a
subsequent catch-only projection estimate completed in June 2017 by
NMFS Southwest Fisheries Science Center and approved by the Council's
SSC and the Council at their June 2017 meeting as best available
science (see ADDRESSES).
Under this proposed action, upon the unlikely attainment of the ACT
in either fishing year, directed fishing would close, reserving the
difference between the HG and ACT (1,000 mt) as a set aside for
incidental landings in other fisheries and other sources of mortality.
For the remainder of the fishing year, incidental landings would be
constrained to a 45-percent incidental
[[Page 56206]]
catch allowance when Pacific mackerel are landed with other CPS (in
other words, no more than 45 percent by weight of the CPS landed per
trip may be Pacific mackerel) or up to 3 mt of Pacific mackerel could
be landed incidentally in non-CPS fisheries.\1\ Upon attainment or
projected attainment of the HG, no retention of Pacific mackerel would
be allowed even as incidental catch. The purpose of the incidental set-
aside and allowance of an incidental fishery is to allow for the
restricted incidental landings of Pacific mackerel in other fisheries,
particularly other CPS fisheries, when the directed fishery is closed
to reduce potential discard of Pacific mackerel and allow for continued
prosecution of other important stocks that may school with Pacific
mackerel.
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\1\ Live bait fishing is excluded from closures of the directed
fishery, and Amendment 16 to the CPS FMP, if approved, would allow
very small directed fisheries to continue even when most directed
were closed.
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The NMFS West Coast Regional Administrator will publish a notice in
the Federal Register announcing the date of any closure of either (1)
directed fishing (when harvest levels near or take the ACT) or (2)
retention--including by incidental fishing (when harvest levels near or
attain the HG). Additionally, to ensure the regulated community is
informed of any closure, NMFS will also make announcements through
other means available, including fax, email, and mail to fishermen,
processors, and state fishery management agencies. This rule would also
add paragraph (p) to the prohibitions section at 50 CFR 660.505
referencing the prohibition on retention, possession, or landing of
Pacific mackerel for the remainder of the year after the closure date
specified in the Federal Register notice published by the Regional
Administrator.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with the CPS FMP, other provisions of the Magnuson-Stevens
Act, and other applicable law, subject to further consideration after
public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities,
for the following reasons:
For Regulatory Flexibility Act (RFA) purposes only, NMFS has
established a small business size standard for businesses, including
their affiliates, whose primary industry is commercial fishing (see 50
CFR 200.2). A business primarily engaged in commercial fishing (NAICS
code 11411) is classified as a small business if it is independently
owned and operated, is not dominant in its field of operation
(including its affiliates), and has combined annual receipts not in
excess of $11 million for all its affiliated operations worldwide.
Pacific mackerel are principally caught off southern California
within the limited entry portion (south of 39 degrees N. latitude;
Point Arena, California) of the CPS fishery and is one component of CPS
fisheries off the U.S. West Coast, which also includes the fisheries
for Pacific sardine, northern anchovy and market squid. The small
entities that would be affected by the proposed action are those
vessels that harvest Pacific mackerel as part of the West Coast CPS
purse seine fleet and are all considered small business under the above
size standards. Currently there are 58 vessels permitted in the Federal
CPS limited entry fishery off California. The average annual per vessel
revenue in 2016 for those vessels was well below the threshold level of
$11 million; therefore, all of these vessels are considered small
businesses under the RFA. Therefore, this rule would not create
disproportionate costs between small and large vessels/businesses.
NMFS used the ex-vessel revenue information for a profitability
analysis, as the cost data for the harvesting operations of CPS finfish
vessels was limited or unavailable. For the 2016-2017 fishing year, the
HG was 21,161 mt and was divided into an ACT of 20,161 mt and an
incidental set-aside of 1,000 mt. Approximately 1,492.16 mt of Pacific
mackerel was harvested in the 2016-2017 fishing year with an estimated
ex-vessel value of approximately $417,616.
The HG for the 2017-2018 Pacific mackerel fishing year is 26,293
mt, with an ACT of 25,293 mt and an incidental set-aside of 1,000 mt.
The HG for the 2018-2019 Pacific mackerel fishing year is 23,840 mt
with an ACT of 22,840 mt and an incidental set-aside of 1,000 mt. These
proposed ACTs are similar to the ACT established for the 2016-2017
fishing year (20,161 mt), thus it is highly unlikely that the ACTs
proposed in this rule will limit the potential profitability to the
fleet from catching Pacific mackerel compared to last season or recent
catch levels, as shown below. The annual average U.S. Pacific mackerel
harvest in recent years (2010-2015) has been about 5,000 mt. In this
period, the landings have not exceeded 11,800 mt. Additionally, annual
average landings during the last decade (2005-2015) have not been
restricted by the applicable quota. Accordingly, vessel income from
fishing is not expected to be altered as a result of this rule as it
compares to recent catches in the fishery, including under the previous
season's regulations.
Based on the disproportionality and profitability analysis above,
the proposed action, if adopted, will not have adverse or
disproportional economic impact on these small business entities. As a
result, an Initial Regulatory Flexibility Analysis is not required, and
none has been prepared.
This action does not contain a collection-of-information
requirement for purposes of the Paperwork Reduction Act.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: November 21, 2017.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 660 is
proposed to be amended as follows:
PART 660--FISHERIES OFF WEST COAST STATES
0
1. The authority citation for part 660 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16
U.S.C. 7001 et seq.
0
2. In Sec. 660.505, add paragraph (p) to read as follows:
Sec. 660.505 Prohibitions.
* * * * *
(p) Retain, possess or land Pacific mackerel after an announcement
under Sec. 660.511(j) that the harvest guideline has been taken or is
projected to be reached soon.
0
3. In Sec. 660.511, add paragraphs (i) and (j) to read as follows:
Sec. 660.511 Catch restrictions.
* * * * *
(i) The following harvest specifications apply for Pacific
mackerel:
(1) For the Pacific mackerel fishing season July 1, 2017, through
June 30, 2018, the harvest guideline is 26,293 mt and the ACT is 25,293
mt;
(2) For the Pacific mackerel fishing season July 1, 2018, through
June 30,
[[Page 56207]]
2019, the harvest guideline is 23,840 mt and the ACT of 22,840 mt.
(j) When an ACT in paragraph (i) of this section has been reached
or is projected to be reached soon, then for the remainder of the
Pacific mackerel fishing season, Pacific mackerel may not be targeted
and landings of Pacific mackerel may not exceed 45 percent of landings
when Pacific mackerel are landed with other CPS (in other words, no
more than 45 percent by weight of the CPS landed per trip may be
Pacific mackerel), except that up to 3 mt of Pacific mackerel may be
landed without landing any other CPS. When a harvest guideline in
paragraph (i) of this section has been reached or is projected to be
reached soon, no further retention of Pacific mackerel is allowed
through the end of the Pacific mackerel fishing season. The Regional
Administer shall announce in the Federal Register the date that an ACT
or the harvest guideline is reached or is expected to be reached, and
the date and time that the restrictions described in this paragraph go
into effect.
[FR Doc. 2017-25614 Filed 11-27-17; 8:45 am]
BILLING CODE 3510-22-P
