Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Multi-Year Annual Catch Limits for the Finfish Stocks in the Monitored Stock Category, 1009-1012 [2018-00084]
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Federal Register / Vol. 83, No. 6 / Tuesday, January 9, 2018 / Proposed Rules
C. Proficiency Testing Referral
• We are seeking public comment
regarding the feasibility of applying
alternative sanctions in cases of PT
referral that involve waived testing.
• We are seeking public comment
related to applying discretion in
situations where we determine that a
laboratory has referred its proficiency
testing samples to another laboratory
and has reported those results from
another laboratory as their own, and
under what circumstances should that
discretion be applied.
D. Histocompatibility
• Virtual crossmatching: We are
seeking public comment on the
acceptability and application of virtual
crossmatching in lieu of physical
crossmatching for transplantation.
• Criteria and decision making
algorithms: We are seeking public
comment on appropriate criteria and
decision algorithms under which virtual
crossmatching would be an appropriate
substitute for physical crossmatching.
We are also seeking public comment on
the existence of commonly accepted
current guidelines for virtual
crossmatching in histocompatibility.
• Updating histocompatibility
regulations: We are seeking public
comment on histocompatibility
regulations that are no longer necessary
because they are obsolete or redundant
with requirements found in other
sections of the CLIA regulations. We are
also seeking public comment on any
histocompatibility regulations that
should be modified to reflect current
practices.
jstallworth on DSKBBY8HB2PROD with PROPOSALS
E. CLIA Fees
• We are seeking public comments
(including information such as
evidence, research, and trends) on an
alternate method to calculate the
average hourly rate for each entity as
outlined in § 493.649(b). We are also
seeking comment on whether the
method should be standardized and
updated annually or as needed.
• We are seeking public comment on
a methodology that would set a fair and
reasonable fee for revised certificate
requests. We also seek comment as to
whether fees should be nominal and, if
nominal, whether such fee would cover
the costs associated with the task.
• We are seeking public comment to
update the fees for determination of
program compliance as well as
additional fees to accredited laboratories
as outlined in §§ 493.643(b) and
493.645(b) respectively. We are also
seeking comment on whether fees
collected should be subject to the same
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ten schedules at § 493.643(c), and
whether they should change based on
any updates to the methodology for
determining the average hourly rate.
• We are seeking public comment on
exploring an appropriate methodology
for assessing a fair fee for other
compliance determination activities to
include performing follow-up visits,
complaint investigations, and activities
associated with imposition of sanctions.
We are also soliciting general
feedback from stakeholders on what
other areas of CLIA they would
potentially have recommendations for
changing.
Dated: August 18, 2017.
Seema Verma,
Administrator, Centers for Medicare &
Medicaid Services.
III. Collection of Information
Requirements
50 CFR Part 660
This document does not impose
information collection requirements,
that is, reporting, recordkeeping or
third-party disclosure requirements.
However, section II of this document
does contain a general solicitation of
comments in the form of a request for
information. In accordance with the
implementing regulations of the
Paperwork Reduction Act of 1995
(PRA), specifically 5 CFR 1320.3(h)(4),
this general solicitation is exempt from
the PRA. Facts or opinions submitted in
response to general solicitations of
comments from the public, published in
the Federal Register or other
publications, regardless of the form or
format thereof, provided that no person
is required to supply specific
information pertaining to the
commenter, other than that necessary
for self-identification, as a condition of
the agency’s full consideration, are not
generally considered information
collections and therefore not subject to
the PRA. Consequently, there is no need
for review by the Office of Management
and Budget under the authority of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
1009
RIN 0648–BH18
Because of the large number of public
comments we normally receive on
Federal Register documents, we are not
able to acknowledge or respond to them
individually. We will consider all
comments we receive by the date and
time specified in the DATES section of
this preamble, and, when we proceed
with a subsequent document, we will
respond to the comments in the
preamble to that document.
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[FR Doc. 2017–27887 Filed 1–5–18; 11:15 am]
BILLING CODE 4120–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[Docket No. 170901860–7999–01]
IV. Response to Comments
PO 00000
Dated: December 20, 2017.
Eric D. Hargan,
Acting Secretary, Department of Health and
Human Services.
Fisheries Off West Coast States;
Coastal Pelagic Species Fisheries;
Multi-Year Annual Catch Limits for the
Finfish Stocks in the Monitored Stock
Category
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule.
AGENCY:
NMFS issues this proposed
rule to amend the regulations governing
the fisheries for Coastal Pelagic Species
(CPS) off the West coast to include
annual catch limits (ACLs, which are
the maximum allowable fishing levels
for each year, for certain monitored
finfish stocks (jack mackerel, central
population of northern anchovy,
northern subpopulation of northern
anchovy) under the CPS Fishery
Management Plan (FMP). A final rule
published October 26, 2016, established
these ACLs for the 2017 fishing year
only; the purpose of this proposed rule
is to codify these ACLs so they remain
effective until revised through some
future rulemaking. If the ACL for any
one of these stocks is reached or
projected to be reached, then fishing for
that stock will be closed until it reopens
at the start of the next fishing season.
This rule is intended to conserve and
manage these stocks off the U.S. West
Coast.
SUMMARY:
Comments must be received by
February 8, 2018.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2017–0155, by any of the
following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
DATES:
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Federal Register / Vol. 83, No. 6 / Tuesday, January 9, 2018 / Proposed Rules
www.regulations.gov/#!docketDetail;
D=NOAA-NMFS-2017-0155, 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. 420, 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).
FOR FURTHER INFORMATION CONTACT:
Joshua Lindsay, West Coast Region,
NMFS, (562) 980–4034.
SUPPLEMENTARY INFORMATION: The CPS
fishery in the U.S. exclusive economic
zone (EEZ) off the West Coast is
managed under the CPS FMP, which
was developed by the Pacific Fishery
Management Council (Council)
pursuant to the Magnuson-Stevens
Fishery Conservation and Management
Act (MSA), 16 U.S.C. 1801 et seq. The
six species managed under the CPS FMP
are Pacific sardine, Pacific mackerel,
jack mackerel, northern anchovy
(northern and central subpopulations),
market squid and krill. The CPS FMP is
implemented by regulations at 50 CFR
part 660, subpart I.
Management unit stocks in the CPS
FMP are classified under three
management categories: Active,
monitored and prohibited harvest
species. Stocks in the active category
(Pacific sardine and Pacific mackerel)
are managed by regular stock
assessments and periodic or annual
adjustments of target harvest levels
based on those stock assessments.
Fisheries for these stocks have
biologically significant levels of catch,
or biological or socioeconomic
considerations requiring this type of
relatively intense harvest management
procedures. In contrast, stocks in the
monitored category (jack mackerel,
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northern anchovy, and market squid 1),
are managed by means of qualitative
comparison to available abundance data
without regular stock assessments or
annual adjustments to target harvest
levels, and then tracking landings
against the relevant ACL to ensure
overfishing does not occur. Fisheries for
monitored stocks do not have
biologically significant catch levels and,
therefore, do not require intensive
harvest management. As a result,
monitored stocks have been adequately
managed by tracking landings and
examining available abundance indices.
Species in both categories may be
subject to management measures such
as catch allocation, gear regulations,
closed areas, closed seasons, or other
forms of regulation. For example, trip
limits and a limited entry permit
program are already in place for all CPS
finfish. The prohibited harvest species
category is comprised only of krill,
which is managed by a prohibition on
targeting and retention.
In September 2011, NMFS approved
Amendment 13 to the CPS FMP, which
modified the framework process used to
set and adjust fishery specifications and
for setting ACLs and accountability
measures (AMs). Amendment 13
conformed the CPS FMP with the 2007
amendments to the MSA and the NMFS
revised MSA National Standard 1 (NS1)
guidelines at 50 CFR 600.310, which for
the first time required ACLs be
established for management unit species
(with exceptions). Specifically,
Amendment 13 maintained the existing
reference points and the primary harvest
control rules for the monitored stocks
(jack mackerel, northern anchovy and
market squid), including the large
uncertainty buffer built into the
acceptable biological catch (ABC)
control rule for the finfish stocks, as
well as the overfishing criteria for
market squid, but modified these
reference points and control rules to
align with the revised NS1 guidelines
and to comply with the new statutory
requirement to establish a process for
setting ACLs and AMs. This included a
default management framework under
which the overfishing limit (OFL) for
each monitored stock was set equal to
their existing maximum sustainable
yield (MSY) value, if available, and ABC
values were reduced from the OFL by 75
percent as an uncertainty buffer (in
accordance with the existing ABC
control rule, under which ABC equals
25 percent of OFL/MSY). ACLs are then
set either equal to or lower than the
1 Market squid is statutorily exempt from the
general requirement to be managed using an ACL
because of their short life-cycle.
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ABC; annual catch targets (ACTs), if
deemed necessary, can be set less than
or equal to the ACL, primarily to
account for potential management
uncertainty.
Compared to the management
framework for stocks in the active
category, which utilizes annual
estimates of biomass to calculate the
applicable annual harvest levels, the
ACLs for the monitored finfish stocks
are not based on annual estimates of
biomass or any single estimate of
biomass. As described above, ACLs for
monitored finfish are set at the ABC
levels, which are no higher than 25
percent of the OFLs. OFLs are set equal
to MSY—an estimate that is intended to
reflect the largest average fishing
mortality rate or yield that can be taken
from a stock over the long term.
Although the control rules and harvest
policies for monitored CPS stocks are
simpler than the active category control
rules, the inclusion of a large nondiscretionary buffer between the OFL
and ABC both protects the stock from
overfishing and allows for a small
sustainable harvest. In recognition of the
low fishing effort and landings for these
stocks, the Council chose this type of
passive framework to manage monitored
finfish because the passive framework
has proven sufficient to prevent
overfishing while allowing for
sustainable annual harvests even when
the year-to-year biomasses of these
stocks fluctuate.
Although the OFLs and ABCs for
these monitored finfish stocks were
previously established and are not being
revised by this rulemaking,
understanding these values is relevant
to ACLs because generally the ACL for
monitored stocks is expected to be set
at ABC. Per the framework that was
established through Amendment 13, the
OFLs for the central subpopulation of
northern anchovy and jack mackerel
were set based on MSY values that were
established through Amendment 8 to
the FMP. In 2015, Amendment 14 to the
CPS FMP established an FMSY of 0.3 as
the MSY reference point for the
northern subpopulation of northern
anchovy in the CPS FMP. However,
because the framework in the FMP for
setting ABCs is based on applying a
percentage to numerical MSY/OFLs, it
was necessary to determine a numerical
OFL value through the specifications
process. Because the northern
subpopulation of the northern anchovy
is currently lightly fished and effort has
been inconsistent over time, it was
determined that using a catch time
series as a way of setting the OFL was
not appropriate, as it likely was an
unreliable indicator of stock status.
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Therefore, the best available scientific
information on the population and
biology of northern subpopulation
northern anchovy was compiled to
develop an OFL. The available
information included two separate
estimates of biomass, and the average of
these two estimates was approximately
130,000 mt. After reviewing this
information, the SSC recommended that
the OFL be set by multiplying the
average of these two biomass estimates
(130,000 mt), by an FMSY 0.3. This
calculation results in an OFL of 39,000
mt, and with the established uncertainty
buffer of 75 percent, an ABC of 9,750
mt.
Through this action, NMFS is
proposing to codify in 50 CFR part 660
subpart I ACLs for the three populations
of CPS finfish, which were implemented
for calendar year 2017 in the final rule
published on October 26, 2016, at 81 FR
74309.2 The ACLs are: Jack mackerel,
31,000 mt; northern subpopulation of
northern anchovy, 9,750 mt; and,
central subpopulation of northern
anchovy, 25,000 mt. These ACLs were
recommended to NMFS by the Council,
and were based on recommendations
from its advisory bodies according to
the framework in the FMP established
through Amendment 13.
NMFS notes that although the
proposed ACLs are equal to their
respective ABCs, NMFS has determined
that they are still at a level such that
overfishing will not occur. The
management framework, including the
buffer between the OFL and ABC built
into the harvest policy for CPS stocks in
the monitored category, was
recommended by the Council’s SSC,
adopted by the Council and approved
by NMFS as supported by the best
available science and as determined in
a manner that appropriately accounts
for the various types of scientific
uncertainty surrounding the OFL. This
framework for accounting for
uncertainty was subsequently used to
establish the existing OFLs and ABCs
for these stocks, and NMFS does not
propose to revise the existing OFLs and
ABCs by this proposed rule.
Additionally, setting lower ACLs or
establishing additional ACTs to account
for management uncertainty is
unnecessary at this time, as managers
have the ability to manage and track the
landings of these fisheries to ensure the
ACLs are not exceeded. Catches of the
three finfish stocks in the monitored
2 An annual catch target of 1,500 mt for the
northern subpopulation of northern anchovy was
also established by the October 26, 2016, final rule,
but is used for internal monitoring rather than
regulating the public and therefore need not be
codified.
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category—northern anchovy (northern
and central subpopulations) and jack
mackerel—have remained well below
their respective ACL (previously ABC)
levels since implementation of the CPS
FMP in 2000, with average catches in
the ten-year period from 2006–2015 of
approximately 8,000 mt, 295 mt, and
580 mt for the central and northern
subpopulations of northern anchovy
and jack mackerel, respectively.
This proposed action will allow the
proposed ACLs to remain in place for
each subsequent calendar year until
changed. The Council and NMFS would
consider future changes if landings
increase and consistently reach the
ABC/ACL level, if new scientific
information becomes available to
warrant changes, or if changes are made
in the future to the existing ABCs or
OFLs. The ACLs proposed in this action
provide a means to monitor these stocks
on an annual basis and prevent
overfishing, as each year the total
harvest of each stock will be assessed
against their respective ACLs. These
ACLs would remain in place until
changed according to the FMP
framework. Except for the northern
subpopulation of northern anchovy, the
OFL and ABC specifications for the rest
of these stocks have already been set in
the FMP, and NMFS is not establishing
or revising them by this action. The OFL
and ABC specifications for the northern
subpopulation of northern anchovy
were established in the final rule
published October 26, 2016, which
established these ACLs for the 2017
fishing year only.
If an ACL is reached, or is expected
to be reached for one of these fisheries,
the directed fishery would be closed
until the beginning of the next fishing
season. The NMFS West Coast Regional
Administrator would publish a notice in
the Federal Register announcing the
date of any such closure. Additionally,
nearing or exceeding one of these ACLs
would trigger a review of whether the
fishery should be moved into the
actively managed category of the FMP.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Fishery
Conservation and Management Act, the
NMFS Assistant Administrator has
determined that this proposed rule is
consistent with the CPS FMP, other
provisions of the Magnuson-Stevens
Fishery Conservation and Management
Act, and other applicable law.
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
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1011
to the Chief Counsel for Advocacy of the
Small Business Administration (SBA)
that this proposed rule, if adopted,
would not have a significant economic
impact on a substantial number of small
entities, for the reasons described
below.
The primary action being
implemented through this rule as it
relates to potential economic impacts on
small entities is the codification of
multi-year ACLs for the two sub-stocks
of northern anchovy and for jack
mackerel in the U.S. EEZ off the West
coast. The CPS FMP and its
implementing regulations require NMFS
to set ACLs for these fisheries based on
the harvest control rules in the FMP.
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.
The average annual per vessel
revenue in 2016 for the West Coast CPS
finfish small purse seine fleet, as well as
the few vessels that target anchovy off
of Oregon and Washington, was below
$11 million; therefore, all of these
vessels are considered small businesses
under the SBA size standards. Because
each affected vessel is a small business,
this proposed rule has an equal effect on
all of these small entities, and therefore
will impact a substantial number of
these small entities in the same manner.
The corresponding annual revenues
from these species averaged to about
$62,000 and $1,900,000, for jack
mackerel and northern anchovy,
respectively.
The entities that would be affected by
the proposed action are the vessels that
harvest jack mackerel and northern
anchovy as part of the West Coast CPS
purse seine fleet. Jack mackerel and
northern anchovy are components of the
CPS purse seine fishery off the U.S.
West Coast, which generally fishes a
complex of species, including Pacific
sardine, Pacific mackerel and market
squid. Currently there are 58 vessels
permitted in the Federal CPS limited
entry fishery off California. Annually
over the past 5 years, as few as 2 and
as many as 57 (an average 22) of these
CPS vessels landed anchovy and jack
mackerel. Approximately 26 baitfish
licenses are issued annually in the state
of Washington to harvest northern
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jstallworth on DSKBBY8HB2PROD with PROPOSALS
anchovy. Since 2009, the state of Oregon
has not required a permit to harvest
anchovy in Oregon waters. Jack
mackerel is currently not fished in
Oregon and Washington.
To evaluate whether this proposed
rule could potentially reduce the
profitability of the affected vessels,
NMFS compared current and average
recent historical landings to the ACLs
that would be codified in this proposed
rule, if approved. The multi-year ACL
(maximum fishing level for each year)
for the central subpopulation of
northern anchovy is 25,000 mt and for
the northern subpopulation ACL is
9,750 mt. In 2016, 6,644 mt of the
central population of northern anchovy
and 7,263 mt of the northern
subpopulation of northern anchovy
were landed. The annual average
harvest from 2007 to 2016 for the central
and northern subpopulations of
northern anchovy is 7,400 mt and 910
mt, respectively. The jack mackerel ACL
is 31,000 mt. In 2016, approximately
374 mt of jack mackerel were landed
and average annual landings of jack
mackerel over the last 10 years (2007–
2016) was 662 mt. Prior landings of
these stocks have been well below the
proposed ACLs. Therefore, although
codifying ACLs for these stocks is
considered a new management measure
for these fisheries, based on current and
historical landings of these stocks, this
proposed action is not expected to result
in changes in fishery operations. As a
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result, it is unlikely that the ACLs that
would be codified in this rule, if
approved, would limit the profitability
of the fleets catching these stocks.
Therefore, this action would not have
any economic impact, let alone impose
a significant economic impact on any of
the small entities participating in these
fisheries.
Based on the analysis above, the
proposed action, if adopted, would not
have a significant economic impact on
a substantial number of small entities.
As a result, an Initial Regulatory
Flexibility Analysis is not required, and
none has been prepared.
This action does not contain a
collection of information requirement
for purposes of the Paperwork
Reduction Act.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Reporting and
recordkeeping requirements.
Dated: January 2, 2018.
Samuel D. Rauch, III,
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:
■
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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 § 660.509, paragraph (a) is
revised to read as follows:
■
§ 660.509 Accountability measures
(season closures).
(a) General rule. When the directed
fishery allocation, incidental allocation,
or an annual catch limit is reached for
any CPS species it shall be closed until
the beginning of the next fishing period
or season. Regional Administrator shall
announce in the Federal Register the
date of such closure, as well as any
incidental harvest level(s)
recommended by the Council and
approved by NMFS.
*
*
*
*
*
■ 3. In § 660.511, a new paragraph (i) is
added to read as follows:
§ 660.511
Catch restrictions.
*
*
*
*
*
(i) The following ACLs apply to
fishing for monitored stocks of CPS
finfish:
(1) Jack mackerel: 31,000 mt.
(2) Northern Anchovy (N.
Subpopulation): 9,750 mt.
(3) Northern Anchovy (Central
Subpopulation): 25,000 mt.
[FR Doc. 2018–00084 Filed 1–8–18; 8:45 a.m.]
BILLING CODE 3510–22–P
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[Federal Register Volume 83, Number 6 (Tuesday, January 9, 2018)]
[Proposed Rules]
[Pages 1009-1012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00084]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 170901860-7999-01]
RIN 0648-BH18
Fisheries Off West Coast States; Coastal Pelagic Species
Fisheries; Multi-Year Annual Catch Limits for the Finfish Stocks in the
Monitored Stock Category
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this proposed rule to amend the regulations
governing the fisheries for Coastal Pelagic Species (CPS) off the West
coast to include annual catch limits (ACLs, which are the maximum
allowable fishing levels for each year, for certain monitored finfish
stocks (jack mackerel, central population of northern anchovy, northern
subpopulation of northern anchovy) under the CPS Fishery Management
Plan (FMP). A final rule published October 26, 2016, established these
ACLs for the 2017 fishing year only; the purpose of this proposed rule
is to codify these ACLs so they remain effective until revised through
some future rulemaking. If the ACL for any one of these stocks is
reached or projected to be reached, then fishing for that stock will be
closed until it reopens at the start of the next fishing season. This
rule is intended to conserve and manage these stocks off the U.S. West
Coast.
DATES: Comments must be received by February 8, 2018.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2017-0155, by any of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
[[Page 1010]]
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0155, 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. 420,
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).
FOR FURTHER INFORMATION CONTACT: Joshua Lindsay, West Coast Region,
NMFS, (562) 980-4034.
SUPPLEMENTARY INFORMATION: The CPS fishery in the U.S. exclusive
economic zone (EEZ) off the West Coast is managed under the CPS FMP,
which was developed by the Pacific Fishery Management Council (Council)
pursuant to the Magnuson-Stevens Fishery Conservation and Management
Act (MSA), 16 U.S.C. 1801 et seq. The six species managed under the CPS
FMP are Pacific sardine, Pacific mackerel, jack mackerel, northern
anchovy (northern and central subpopulations), market squid and krill.
The CPS FMP is implemented by regulations at 50 CFR part 660, subpart
I.
Management unit stocks in the CPS FMP are classified under three
management categories: Active, monitored and prohibited harvest
species. Stocks in the active category (Pacific sardine and Pacific
mackerel) are managed by regular stock assessments and periodic or
annual adjustments of target harvest levels based on those stock
assessments. Fisheries for these stocks have biologically significant
levels of catch, or biological or socioeconomic considerations
requiring this type of relatively intense harvest management
procedures. In contrast, stocks in the monitored category (jack
mackerel, northern anchovy, and market squid \1\), are managed by means
of qualitative comparison to available abundance data without regular
stock assessments or annual adjustments to target harvest levels, and
then tracking landings against the relevant ACL to ensure overfishing
does not occur. Fisheries for monitored stocks do not have biologically
significant catch levels and, therefore, do not require intensive
harvest management. As a result, monitored stocks have been adequately
managed by tracking landings and examining available abundance indices.
Species in both categories may be subject to management measures such
as catch allocation, gear regulations, closed areas, closed seasons, or
other forms of regulation. For example, trip limits and a limited entry
permit program are already in place for all CPS finfish. The prohibited
harvest species category is comprised only of krill, which is managed
by a prohibition on targeting and retention.
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\1\ Market squid is statutorily exempt from the general
requirement to be managed using an ACL because of their short life-
cycle.
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In September 2011, NMFS approved Amendment 13 to the CPS FMP, which
modified the framework process used to set and adjust fishery
specifications and for setting ACLs and accountability measures (AMs).
Amendment 13 conformed the CPS FMP with the 2007 amendments to the MSA
and the NMFS revised MSA National Standard 1 (NS1) guidelines at 50 CFR
600.310, which for the first time required ACLs be established for
management unit species (with exceptions). Specifically, Amendment 13
maintained the existing reference points and the primary harvest
control rules for the monitored stocks (jack mackerel, northern anchovy
and market squid), including the large uncertainty buffer built into
the acceptable biological catch (ABC) control rule for the finfish
stocks, as well as the overfishing criteria for market squid, but
modified these reference points and control rules to align with the
revised NS1 guidelines and to comply with the new statutory requirement
to establish a process for setting ACLs and AMs. This included a
default management framework under which the overfishing limit (OFL)
for each monitored stock was set equal to their existing maximum
sustainable yield (MSY) value, if available, and ABC values were
reduced from the OFL by 75 percent as an uncertainty buffer (in
accordance with the existing ABC control rule, under which ABC equals
25 percent of OFL/MSY). ACLs are then set either equal to or lower than
the ABC; annual catch targets (ACTs), if deemed necessary, can be set
less than or equal to the ACL, primarily to account for potential
management uncertainty.
Compared to the management framework for stocks in the active
category, which utilizes annual estimates of biomass to calculate the
applicable annual harvest levels, the ACLs for the monitored finfish
stocks are not based on annual estimates of biomass or any single
estimate of biomass. As described above, ACLs for monitored finfish are
set at the ABC levels, which are no higher than 25 percent of the OFLs.
OFLs are set equal to MSY--an estimate that is intended to reflect the
largest average fishing mortality rate or yield that can be taken from
a stock over the long term. Although the control rules and harvest
policies for monitored CPS stocks are simpler than the active category
control rules, the inclusion of a large non-discretionary buffer
between the OFL and ABC both protects the stock from overfishing and
allows for a small sustainable harvest. In recognition of the low
fishing effort and landings for these stocks, the Council chose this
type of passive framework to manage monitored finfish because the
passive framework has proven sufficient to prevent overfishing while
allowing for sustainable annual harvests even when the year-to-year
biomasses of these stocks fluctuate.
Although the OFLs and ABCs for these monitored finfish stocks were
previously established and are not being revised by this rulemaking,
understanding these values is relevant to ACLs because generally the
ACL for monitored stocks is expected to be set at ABC. Per the
framework that was established through Amendment 13, the OFLs for the
central subpopulation of northern anchovy and jack mackerel were set
based on MSY values that were established through Amendment 8 to the
FMP. In 2015, Amendment 14 to the CPS FMP established an
FMSY of 0.3 as the MSY reference point for the northern
subpopulation of northern anchovy in the CPS FMP. However, because the
framework in the FMP for setting ABCs is based on applying a percentage
to numerical MSY/OFLs, it was necessary to determine a numerical OFL
value through the specifications process. Because the northern
subpopulation of the northern anchovy is currently lightly fished and
effort has been inconsistent over time, it was determined that using a
catch time series as a way of setting the OFL was not appropriate, as
it likely was an unreliable indicator of stock status.
[[Page 1011]]
Therefore, the best available scientific information on the population
and biology of northern subpopulation northern anchovy was compiled to
develop an OFL. The available information included two separate
estimates of biomass, and the average of these two estimates was
approximately 130,000 mt. After reviewing this information, the SSC
recommended that the OFL be set by multiplying the average of these two
biomass estimates (130,000 mt), by an FMSY 0.3. This
calculation results in an OFL of 39,000 mt, and with the established
uncertainty buffer of 75 percent, an ABC of 9,750 mt.
Through this action, NMFS is proposing to codify in 50 CFR part 660
subpart I ACLs for the three populations of CPS finfish, which were
implemented for calendar year 2017 in the final rule published on
October 26, 2016, at 81 FR 74309.\2\ The ACLs are: Jack mackerel,
31,000 mt; northern subpopulation of northern anchovy, 9,750 mt; and,
central subpopulation of northern anchovy, 25,000 mt. These ACLs were
recommended to NMFS by the Council, and were based on recommendations
from its advisory bodies according to the framework in the FMP
established through Amendment 13.
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\2\ An annual catch target of 1,500 mt for the northern
subpopulation of northern anchovy was also established by the
October 26, 2016, final rule, but is used for internal monitoring
rather than regulating the public and therefore need not be
codified.
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NMFS notes that although the proposed ACLs are equal to their
respective ABCs, NMFS has determined that they are still at a level
such that overfishing will not occur. The management framework,
including the buffer between the OFL and ABC built into the harvest
policy for CPS stocks in the monitored category, was recommended by the
Council's SSC, adopted by the Council and approved by NMFS as supported
by the best available science and as determined in a manner that
appropriately accounts for the various types of scientific uncertainty
surrounding the OFL. This framework for accounting for uncertainty was
subsequently used to establish the existing OFLs and ABCs for these
stocks, and NMFS does not propose to revise the existing OFLs and ABCs
by this proposed rule. Additionally, setting lower ACLs or establishing
additional ACTs to account for management uncertainty is unnecessary at
this time, as managers have the ability to manage and track the
landings of these fisheries to ensure the ACLs are not exceeded.
Catches of the three finfish stocks in the monitored category--northern
anchovy (northern and central subpopulations) and jack mackerel--have
remained well below their respective ACL (previously ABC) levels since
implementation of the CPS FMP in 2000, with average catches in the ten-
year period from 2006-2015 of approximately 8,000 mt, 295 mt, and 580
mt for the central and northern subpopulations of northern anchovy and
jack mackerel, respectively.
This proposed action will allow the proposed ACLs to remain in
place for each subsequent calendar year until changed. The Council and
NMFS would consider future changes if landings increase and
consistently reach the ABC/ACL level, if new scientific information
becomes available to warrant changes, or if changes are made in the
future to the existing ABCs or OFLs. The ACLs proposed in this action
provide a means to monitor these stocks on an annual basis and prevent
overfishing, as each year the total harvest of each stock will be
assessed against their respective ACLs. These ACLs would remain in
place until changed according to the FMP framework. Except for the
northern subpopulation of northern anchovy, the OFL and ABC
specifications for the rest of these stocks have already been set in
the FMP, and NMFS is not establishing or revising them by this action.
The OFL and ABC specifications for the northern subpopulation of
northern anchovy were established in the final rule published October
26, 2016, which established these ACLs for the 2017 fishing year only.
If an ACL is reached, or is expected to be reached for one of these
fisheries, the directed fishery would be closed until the beginning of
the next fishing season. The NMFS West Coast Regional Administrator
would publish a notice in the Federal Register announcing the date of
any such closure. Additionally, nearing or exceeding one of these ACLs
would trigger a review of whether the fishery should be moved into the
actively managed category of the FMP.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery
Conservation and Management Act, the NMFS Assistant Administrator has
determined that this proposed rule is consistent with the CPS FMP,
other provisions of the Magnuson-Stevens Fishery Conservation and
Management Act, and other applicable law.
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 (SBA) that this proposed rule, if adopted, would not
have a significant economic impact on a substantial number of small
entities, for the reasons described below.
The primary action being implemented through this rule as it
relates to potential economic impacts on small entities is the
codification of multi-year ACLs for the two sub-stocks of northern
anchovy and for jack mackerel in the U.S. EEZ off the West coast. The
CPS FMP and its implementing regulations require NMFS to set ACLs for
these fisheries based on the harvest control rules in the FMP.
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.
The average annual per vessel revenue in 2016 for the West Coast
CPS finfish small purse seine fleet, as well as the few vessels that
target anchovy off of Oregon and Washington, was below $11 million;
therefore, all of these vessels are considered small businesses under
the SBA size standards. Because each affected vessel is a small
business, this proposed rule has an equal effect on all of these small
entities, and therefore will impact a substantial number of these small
entities in the same manner. The corresponding annual revenues from
these species averaged to about $62,000 and $1,900,000, for jack
mackerel and northern anchovy, respectively.
The entities that would be affected by the proposed action are the
vessels that harvest jack mackerel and northern anchovy as part of the
West Coast CPS purse seine fleet. Jack mackerel and northern anchovy
are components of the CPS purse seine fishery off the U.S. West Coast,
which generally fishes a complex of species, including Pacific sardine,
Pacific mackerel and market squid. Currently there are 58 vessels
permitted in the Federal CPS limited entry fishery off California.
Annually over the past 5 years, as few as 2 and as many as 57 (an
average 22) of these CPS vessels landed anchovy and jack mackerel.
Approximately 26 baitfish licenses are issued annually in the state of
Washington to harvest northern
[[Page 1012]]
anchovy. Since 2009, the state of Oregon has not required a permit to
harvest anchovy in Oregon waters. Jack mackerel is currently not fished
in Oregon and Washington.
To evaluate whether this proposed rule could potentially reduce the
profitability of the affected vessels, NMFS compared current and
average recent historical landings to the ACLs that would be codified
in this proposed rule, if approved. The multi-year ACL (maximum fishing
level for each year) for the central subpopulation of northern anchovy
is 25,000 mt and for the northern subpopulation ACL is 9,750 mt. In
2016, 6,644 mt of the central population of northern anchovy and 7,263
mt of the northern subpopulation of northern anchovy were landed. The
annual average harvest from 2007 to 2016 for the central and northern
subpopulations of northern anchovy is 7,400 mt and 910 mt,
respectively. The jack mackerel ACL is 31,000 mt. In 2016,
approximately 374 mt of jack mackerel were landed and average annual
landings of jack mackerel over the last 10 years (2007-2016) was 662
mt. Prior landings of these stocks have been well below the proposed
ACLs. Therefore, although codifying ACLs for these stocks is considered
a new management measure for these fisheries, based on current and
historical landings of these stocks, this proposed action is not
expected to result in changes in fishery operations. As a result, it is
unlikely that the ACLs that would be codified in this rule, if
approved, would limit the profitability of the fleets catching these
stocks. Therefore, this action would not have any economic impact, let
alone impose a significant economic impact on any of the small entities
participating in these fisheries.
Based on the analysis above, the proposed action, if adopted, would
not have a significant economic impact on a substantial number of small
entities. As a result, an Initial Regulatory Flexibility Analysis is
not required, and none has been prepared.
This action does not contain a collection of information
requirement for purposes of the Paperwork Reduction Act.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: January 2, 2018.
Samuel D. Rauch, III,
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. 660.509, paragraph (a) is revised to read as follows:
Sec. 660.509 Accountability measures (season closures).
(a) General rule. When the directed fishery allocation, incidental
allocation, or an annual catch limit is reached for any CPS species it
shall be closed until the beginning of the next fishing period or
season. Regional Administrator shall announce in the Federal Register
the date of such closure, as well as any incidental harvest level(s)
recommended by the Council and approved by NMFS.
* * * * *
0
3. In Sec. 660.511, a new paragraph (i) is added to read as follows:
Sec. 660.511 Catch restrictions.
* * * * *
(i) The following ACLs apply to fishing for monitored stocks of CPS
finfish:
(1) Jack mackerel: 31,000 mt.
(2) Northern Anchovy (N. Subpopulation): 9,750 mt.
(3) Northern Anchovy (Central Subpopulation): 25,000 mt.
[FR Doc. 2018-00084 Filed 1-8-18; 8:45 a.m.]
BILLING CODE 3510-22-P
