Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications, 29461-29463 [2018-13583]
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Federal Register / Vol. 83, No. 122 / Monday, June 25, 2018 / Rules and Regulations
centimeters or less in length for
subsistence use each year from June 23
to August 8. The regulation at 50 CFR
216.72(a) includes the provision that the
harvests of seals on St. Paul and St.
George Islands shall be treated
independently for the purposes of this
section. Any suspension, termination, or
extension of the harvest is applicable
only to the island for which it is issued.
The Traditional Council of St. George
Island, Tribal Government (Traditional
Council) has requested that NMFS
extend the opening date of the
subsistence use season for sub-adult
male fur seals earlier than the scheduled
opening date of June 23 (50 CFR
216.72(d)(1)). The extension of the
opening date is intended to respond to
this emergency request. The extension
will ensure additional days to conduct
the subsistence harvest in order provide
meat for the community of St. George
Island in response to the unavailability
of food in the community store due to
unforeseen flight cancellations and the
complete consumption of fur seal meat
from harvests in 2017. NMFS has
determined that the extension of the
harvest to an earlier date is permissible
and should be authorized.
On July 31, 1992 (57 FR 33900) NMFS
issued a final rule removing the option
to extend the harvest past August 8, but
authorized the harvest to start on June
23 rather than June 30. NMFS
anticipated in the notice (57 FR 33901,
July 31, 1992) that there would be no
adverse impacts on the population from
an earlier June harvest because subadult males dominate the harvest areas
on the hauling grounds at this time of
year, and few if any female seals have
returned to St. George Island in June. In
extending the opening date for the 2018
season, NMFS does not expect that
female fur seals would be accidentally
killed during the few early days of the
sub-adult male harvest, and there is no
evidence from prior commercial or
subsistence harvests that females were
accidentally taken prior to mid-July
(NMFS unpublished data). The
subsistence use suspension and
termination provisions based on female
mortality remain in effect (50 CFR
216.72(f)(1)(iv) & (g)(3)).
All other regulatory controls
applicable to the subsistence use of subadult males on St. George Island at 50
CFR 216.72(d)(1)–(5) still apply,
including the total number of fur seals
(500) that may be harvested per year on
St. George Island (82 FR 39044, August
17, 2017).
St. George Island. The Assistant
Administrator for Fisheries, NOAA,
(AA), determined that this rule is
consistent with the Fur Seal Act (16
U.S.C. 1155) and regulations (50 CFR
216.71–216.74). The AA finds good
cause to waive the requirement to
provide prior notice and opportunity for
public comment pursuant to the
authority set forth at 5 U.S.C. 553(b)(B).
Allowing prior notice and opportunity
for public comment on the extension of
the opening date is unnecessary because
the rule establishing the extension of the
opening procedures has already been
subject to notice and comment, and all
that remains is to notify the public of
the extension of the opening date.
Additionally, allowing for prior notice
and opportunity for public comment for
this extension of the opening date is
contrary to the public interest because it
requires time, thus delaying the removal
of a restriction and thereby reducing
socio-economic benefits to community
of St. George Island. In the absence of
this action, the residents of St. George
Island would be prohibited from
harvesting fur seals currently necessary
to subsistence uses due to unforeseen
events prior to the scheduled opening of
the subsistence use season. For the
aforementioned reasons, it is
impracticable and contrary to the public
interest to delay for 30 days the effective
date of this action, and, accordingly, the
AA also finds good cause to waive the
30-day delay in effectiveness of this
action under 5 U.S.C. 553(d)(3) and to
make this action effective on the date
specified herein. This action is
authorized by 50 CFR 216.72(a) and is
exempt from review under Executive
Order 12866. Because prior notice and
opportunity for public comment are
waived under 5 U.S.C. 553, the
analytical requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601–
612, are inapplicable.
Authority: 16 U.S.C. 1155(a).
Dated: June 20, 2018.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2018–13576 Filed 6–20–18; 4:15 pm]
BILLING CODE 3510–22–P
Classification
This action responds to the urgent
subsistence need of the Pribilovians on
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29461
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 180320301–8551–02]
RIN 0648–XG121
Fisheries Off West Coast States;
Coastal Pelagic Species Fisheries;
Annual Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues this rule to
implement annual management
measures and catch limits for the
northern subpopulation of Pacific
sardine, for the fishing year lasting from
July 1, 2018, through June 30, 2019.
This action includes a prohibition on
directed commercial fishing for Pacific
sardine off the U.S. West Coast, except
in the live bait, tribal, or minor directed
fisheries. This action is intended to
conserve and manage the Pacific sardine
stock off the U.S. West Coast.
DATES: Effective July 1, 2018, through
June 30, 2019.
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. exclusive economic zone (EEZ)
off the West Coast (California, Oregon,
and Washington) in accordance with the
Coastal Pelagic Species (CPS) Fishery
Management Plan (FMP). The FMP and
its implementing regulations require
NMFS to set annual catch levels for the
Pacific sardine fishery based on the
annual specification framework and
control rules in the FMP. These control
rules include the harvest guideline (HG)
control rule, which, in conjunction with
the overfishing limit (OFL) and
acceptable biological catch (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
(Magnuson-Stevens Act). Annual
specifications published in the Federal
Register establish these catch limits and
management measures for each Pacific
sardine fishing year.
The purpose of this final rule is to
implement the annual catch levels and
reference points for the 2018–2019
fishing year. This final rule adopts,
without changes, the catch levels and
SUMMARY:
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Federal Register / Vol. 83, No. 122 / Monday, June 25, 2018 / Rules and Regulations
restrictions that NMFS proposed in the
rule published on May 25, 2018 (83 FR
24269), including the OFL and ABC that
takes into consideration uncertainty
surrounding the current estimate of
biomass for Pacific sardine in the U.S.
EEZ off the U.S. West Coast. The
proposed rule for this action included
additional background on specifications
and the details of how the Pacific
Fishery Management Council (Council)
derived its recommended specifications
for Pacific sardine. Those details are not
repeated here. For additional
information, please refer to the
proposed rule for this action.
TABLE 1—REFERENCE POINTS FOR THE 2018–2019 PACIFIC SARDINE FISHING YEAR IN METRIC TONS
OFL
ABC
HG
ACL
Tribal
set-aside
52,065 ..................................................................................
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Biomass estimate
11,324
9,436
0
7,000
800
This final rule implements an OFL of
11,324 metric tons (mt), an ABC of 9,436
mt, and a prohibition on Pacific sardine
catch, unless it is harvested as part of
the live bait, tribal, or minor directed
fisheries, or as incidental catch in other
fisheries (Table 1). Additionally, this
rule implements an ACL of 7,000 mt, as
well as restrictions on the incidental
catch of Pacific sardine by other
fisheries.
The incidental catch of Pacific sardine
in other CPS fisheries will be managed
with the following automatic inseason
actions to reduce the potential for both
targeting and discard of Pacific sardine
in these fisheries:
• An incidental per landing by weight
allowance of 40 percent Pacific sardine
in non-treaty CPS fisheries until a total
of 2,500 mt of Pacific sardine has been
landed; and
• A reduction of the incidental per
landing allowance to 20 percent for the
remainder of the 2018–2019 fishing year
once 2,500 mt Pacific sardine has been
landed.
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, this final rule implements
an incidental per landing allowance of
up to 2 mt per trip in non-CPS fisheries.
The NMFS West Coast Regional
Administrator will publish a notice in
the Federal Register to announce when
catch reaches the incidental limits as
well as any changes to allowable
incidental catch percentages.
Additionally, to ensure that the
regulated community is informed of any
closure, NMFS will 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 the 2017–2018 fishing
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season). Consistent with this request,
NMFS is setting aside 800 mt of the
2018–2019 ACL for tribal harvest (Table
1).
At the April 2018 meeting, the
Council voted in support of two
exempted fishing permit (EFP)
proposals requesting an exemption from
the prohibition to directly harvest
Pacific sardine. The ACL implemented
in this action accounts for the potential
of NMFS approval of up to 610 mt of the
ACL to be harvested for EFP activities.
Comments and Responses
On May 25, 2018, NMFS published a
proposed rule for this action and
solicited public comments (83 FR
24269), with a public comment period
that ended on June 11, 2018. NMFS
received one comment letter from the
environmental advocacy organization
Oceana during the comment period.
After consideration of the public
comment, no changes were made from
the proposed rule. NMFS summarizes
and responds to the comment letter
below.
Comment 1: Oceana supported the
prohibition on non-tribal directed
commercial sardine fishing, but
opposed the proposed ACL level of
7,000 mt. Oceana instead requested that
NMFS set an ACL of no more than 2,000
mt. Oceana commented that the
proposed ACL of 7,000 mt is excessive
and not commensurate with the decline
in sardine biomass and that NMFS
should reduce the ACL to 2,000 mt.
Response: NMFS disagrees that it is
necessary to set the ACL lower than
7,000 mt. The ACL should be viewed in
the context of the approved northern
subpopulation of Pacific Sardine OFL
(11,324 mt) and ABC (9,436 mt), which
has been reduced from the OFL to
account for scientific uncertainty. The
Council’s SSC endorsed the OFL and
ABC, which are derived from control
rules in the FMP, as the best scientific
information available. The CPS FMP
defines overfishing as catch exceeding
the OFL. By definition, if catch
approaches either the ACL or ABC,
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which are set below the OFL,
overfishing would not be occurring.
This rule conservatively limits harvest
levels by all sources with an ACL of
7,000 mt, which is below both the OFL
and ABC. All incidental catch, live bait,
minor directed, and tribal harvest of
sardine are managed to stay at or below
the ACL. Additionally, as a direct result
of the decline in the estimated biomass
from the last fishing year, the OFL and
ABC implemented through this action
are respectively approximately 33 and
40 percent lower than those
implemented last year.
Small pelagic species, such as
sardine, undergo wide natural
fluctuations in abundance related to
environmental conditions, even in the
absence of fishing pressure. Given that
environmental conditions are a strong
driver for small pelagic species biomass,
and the fact that 7,000 mt is only about
13 percent of the 2018 biomass estimate,
it is highly unlikely that reducing the
ACL from 7,000 mt to 2,000 mt would
measurably contribute to the potential
for Pacific sardine abundance to
increase. Even in the absence of any
fishing mortality, unfavorable
environmental conditions could keep
the sardine population at a low level.
Based on the recent stock assessments
and NMFS research, low recent
recruitment (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. Research suggests
recruitment is strongly related to
environmental conditions, particularly
large-scale oceanographic phenomena.
Comment 2: Oceana also commented
that the OFL is not based on the best
scientific information available because
Oceana construes new research from
NMFS Southwest Fisheries Science
Center (SWFSC) as demonstrating that
the temperature-recruitment
relationship based on data from the
California Cooperative Oceanic
Fisheries Investigations (CalCOFI)
survey used to inform the OFL is no
longer applicable.
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Federal Register / Vol. 83, No. 122 / Monday, June 25, 2018 / Rules and Regulations
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Response: NMFS is committed to
using the best scientific information
available, and the SWFSC is continuing
research to improve our understanding
of the relationship between Pacific
Sardine productivity and environmental
conditions. The new research referenced
by Oceana is still under development,
has not been formally reviewed, and
therefore is not yet a valid rationale to
cease using CalCOFI data to gauge the
temperature-recruitment relationship.
At this time, the CalCOFI-based
temperature relationship is still the best
scientific information available science
to set the OFL.
Comment 3: In addition to
commenting on the proposed rule,
Oceana’s comment requested
reconsideration of various aspects of
sardine management that are not
considered in this action, including
changing the start date of the fishery,
revision of the Minimum Stock Size
Threshold value, and various
modifications to the OFL, ABC and HG
control rules.
Response: Changes to the
management framework of Pacific
sardine and to the sardine harvest
control rules are set in the CPS FMP and
are beyond the scope of this rulemaking.
NMFS will take these comments into
consideration during related future
management planning for the Pacific
sardine stock, and recommends Oceana
continue to bring these concerns to the
attention of the Council as that body
deliberates about the management
framework for sardine.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this final rule is consistent with the
CPS FMP, other provisions of the
Magnuson-Stevens Act, and other
applicable law. There is good cause
under 5 U.S.C. 553(d)(3) to waive the
30-day delay in effectiveness of these
final harvest specifications for the 2018–
2019 Pacific sardine fishing season. In
accordance with the FMP, this rule was
recommended by the Council at its
meeting in April 2018 the contents of
which were based on the best available
new information on the population
status of Pacific sardine that became
available at that time. Making these final
specifications effective on July 1, the
first day of the fishing season, is
necessary for the conservation and
management of the Pacific sardine
resource because last year’s restrictions
on harvest are not effective after June
30. The FMP requires a prohibition on
directed fishing for Pacific sardine for
the 2018–2019 fishing year because the
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sardine biomass has dropped below the
CUTOFF. The purpose of the CUTOFF
in the FMP, and for prohibiting a
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 can
contribute to rebuilding the stock. A
delay in the effectiveness of this rule for
a full 30 days would result in the reopening the directed commercial fishery
on July 1.
Delaying the effective date of this rule
beyond July 1 would be contrary to the
public interest because it would
jeopardize the sustainability of the
Pacific sardine stock. Furthermore, most
affected fishermen are aware that the
Council recommended that directed
commercial fishing be prohibited for the
2018–2019 fishing year and are fully
prepared to comply with the
prohibition.
This final rule is exempt from the
procedures of E.O. 12866 because this
action contains no implementing
regulations.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration 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.
Pursuant to Executive Order 13175,
this final rule was developed after
meaningful consultation and
collaboration with the tribal
representative on the Council who has
agreed with the provisions that apply to
tribal vessels.
This action does not contain a
collection-of-information requirement
for purposes of the Paperwork
Reduction Act.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 20, 2018.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2018–13583 Filed 6–22–18; 8:45 am]
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29463
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 170817779–8161–02]
RIN 0648–XG305
Fisheries of the Exclusive Economic
Zone Off Alaska; Kamchatka Flounder
in the Bering Sea and Aleutian Islands
Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting directed
fishing for Kamchatka flounder in the
Bering Sea and Aleutian Islands
management area (BSAI). This action is
necessary to prevent exceeding the 2018
Kamchatka flounder initial total
allowable catch (ITAC) in the BSAI.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), June 20, 2018,
through 2400 hours, A.l.t., December 31,
2018.
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI according to the Fishery
Management Plan for Groundfish of the
Bering Sea and Aleutian Islands
Management Area (FMP) prepared by
the North Pacific Fishery Management
Council under authority of the
Magnuson-Stevens Fishery
Conservation and Management Act.
Regulations governing fishing by U.S.
vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
The 2018 Kamchatka flounder ITAC
in the BSAI is 4,250 metric tons (mt) as
established by the final 2018 and 2019
harvest specifications for groundfish in
the BSAI (83 FR 8365, February 27,
2018). In accordance with
§ 679.20(d)(1)(i), the Administrator,
Alaska Region, NMFS (Regional
Administrator), has determined that the
2018 Kamchatka flounder ITAC in the
BSAI will soon be reached. Therefore,
the Regional Administrator is
establishing a directed fishing
allowance of 2,000 mt, and is setting
aside the remaining 2,250 mt as
incidental catch to support other
anticipated groundfish fisheries. In
accordance with § 679.20(d)(1)(iii), the
Regional Administrator finds that this
directed fishing allowance has been
reached. Consequently, NMFS is
SUMMARY:
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]]>Agencies
[Federal Register Volume 83, Number 122 (Monday, June 25, 2018)]
[Rules and Regulations]
[Pages 29461-29463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13583]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 180320301-8551-02]
RIN 0648-XG121
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 catch limits for the northern subpopulation of Pacific sardine, for
the fishing year lasting from July 1, 2018, through June 30, 2019. This
action includes a prohibition on directed commercial fishing for
Pacific sardine off the U.S. West Coast, except in the live bait,
tribal, or minor directed fisheries. This action is intended to
conserve and manage the Pacific sardine stock off the U.S. West Coast.
DATES: Effective July 1, 2018, through June 30, 2019.
FOR FURTHER INFORMATION CONTACT: Joshua Lindsay, West Coast Region,
NMFS, (562) 980-4034, [email protected].
SUPPLEMENTARY INFORMATION: NMFS manages the Pacific sardine fishery in
the U.S. exclusive economic zone (EEZ) off the West Coast (California,
Oregon, and Washington) in accordance with the Coastal Pelagic Species
(CPS) Fishery Management Plan (FMP). The FMP and its implementing
regulations require NMFS to set annual catch levels for the Pacific
sardine fishery based on the annual specification framework and control
rules in the FMP. These control rules include the harvest guideline
(HG) control rule, which, in conjunction with the overfishing limit
(OFL) and acceptable biological catch (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 (Magnuson-
Stevens Act). Annual specifications published in the Federal Register
establish these catch limits and management measures for each Pacific
sardine fishing year.
The purpose of this final rule is to implement the annual catch
levels and reference points for the 2018-2019 fishing year. This final
rule adopts, without changes, the catch levels and
[[Page 29462]]
restrictions that NMFS proposed in the rule published on May 25, 2018
(83 FR 24269), including the OFL and ABC that takes into consideration
uncertainty surrounding the current estimate of biomass for Pacific
sardine in the U.S. EEZ off the U.S. West Coast. The proposed rule for
this action included additional background on specifications and the
details of how the Pacific Fishery Management Council (Council) derived
its recommended specifications for Pacific sardine. Those details are
not repeated here. For additional information, please refer to the
proposed rule for this action.
Table 1--Reference Points for the 2018-2019 Pacific Sardine Fishing Year in Metric Tons
--------------------------------------------------------------------------------------------------------------------------------------------------------
Tribal set-
Biomass estimate OFL ABC HG ACL aside
--------------------------------------------------------------------------------------------------------------------------------------------------------
52,065............................................................. 11,324 9,436 0 7,000 800
--------------------------------------------------------------------------------------------------------------------------------------------------------
This final rule implements an OFL of 11,324 metric tons (mt), an
ABC of 9,436 mt, and a prohibition on Pacific sardine catch, unless it
is harvested as part of the live bait, tribal, or minor directed
fisheries, or as incidental catch in other fisheries (Table 1).
Additionally, this rule implements an ACL of 7,000 mt, as well as
restrictions on the incidental catch of Pacific sardine by other
fisheries.
The incidental catch of Pacific sardine in other CPS fisheries will
be managed with the following automatic inseason actions to reduce the
potential for both targeting and discard of Pacific sardine in these
fisheries:
An incidental per landing by weight allowance of 40
percent Pacific sardine in non-treaty CPS fisheries until a total of
2,500 mt of Pacific sardine has been landed; and
A reduction of the incidental per landing allowance to 20
percent for the remainder of the 2018-2019 fishing year once 2,500 mt
Pacific sardine has been landed.
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, this final rule implements
an incidental per landing allowance of up to 2 mt per trip in non-CPS
fisheries.
The NMFS West Coast Regional Administrator will publish a notice in
the Federal Register to announce when catch reaches the incidental
limits as well as any changes to allowable incidental catch
percentages. Additionally, to ensure that the regulated community is
informed of any closure, NMFS will 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 the 2017-2018 fishing season).
Consistent with this request, NMFS is setting aside 800 mt of the 2018-
2019 ACL for tribal harvest (Table 1).
At the April 2018 meeting, the Council voted in support of two
exempted fishing permit (EFP) proposals requesting an exemption from
the prohibition to directly harvest Pacific sardine. The ACL
implemented in this action accounts for the potential of NMFS approval
of up to 610 mt of the ACL to be harvested for EFP activities.
Comments and Responses
On May 25, 2018, NMFS published a proposed rule for this action and
solicited public comments (83 FR 24269), with a public comment period
that ended on June 11, 2018. NMFS received one comment letter from the
environmental advocacy organization Oceana during the comment period.
After consideration of the public comment, no changes were made from
the proposed rule. NMFS summarizes and responds to the comment letter
below.
Comment 1: Oceana supported the prohibition on non-tribal directed
commercial sardine fishing, but opposed the proposed ACL level of 7,000
mt. Oceana instead requested that NMFS set an ACL of no more than 2,000
mt. Oceana commented that the proposed ACL of 7,000 mt is excessive and
not commensurate with the decline in sardine biomass and that NMFS
should reduce the ACL to 2,000 mt.
Response: NMFS disagrees that it is necessary to set the ACL lower
than 7,000 mt. The ACL should be viewed in the context of the approved
northern subpopulation of Pacific Sardine OFL (11,324 mt) and ABC
(9,436 mt), which has been reduced from the OFL to account for
scientific uncertainty. The Council's SSC endorsed the OFL and ABC,
which are derived from control rules in the FMP, as the best scientific
information available. The CPS FMP defines overfishing as catch
exceeding the OFL. By definition, if catch approaches either the ACL or
ABC, which are set below the OFL, overfishing would not be occurring.
This rule conservatively limits harvest levels by all sources with an
ACL of 7,000 mt, which is below both the OFL and ABC. All incidental
catch, live bait, minor directed, and tribal harvest of sardine are
managed to stay at or below the ACL. Additionally, as a direct result
of the decline in the estimated biomass from the last fishing year, the
OFL and ABC implemented through this action are respectively
approximately 33 and 40 percent lower than those implemented last year.
Small pelagic species, such as sardine, undergo wide natural
fluctuations in abundance related to environmental conditions, even in
the absence of fishing pressure. Given that environmental conditions
are a strong driver for small pelagic species biomass, and the fact
that 7,000 mt is only about 13 percent of the 2018 biomass estimate, it
is highly unlikely that reducing the ACL from 7,000 mt to 2,000 mt
would measurably contribute to the potential for Pacific sardine
abundance to increase. Even in the absence of any fishing mortality,
unfavorable environmental conditions could keep the sardine population
at a low level. Based on the recent stock assessments and NMFS
research, low recent recruitment (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. Research suggests
recruitment is strongly related to environmental conditions,
particularly large-scale oceanographic phenomena.
Comment 2: Oceana also commented that the OFL is not based on the
best scientific information available because Oceana construes new
research from NMFS Southwest Fisheries Science Center (SWFSC) as
demonstrating that the temperature-recruitment relationship based on
data from the California Cooperative Oceanic Fisheries Investigations
(CalCOFI) survey used to inform the OFL is no longer applicable.
[[Page 29463]]
Response: NMFS is committed to using the best scientific
information available, and the SWFSC is continuing research to improve
our understanding of the relationship between Pacific Sardine
productivity and environmental conditions. The new research referenced
by Oceana is still under development, has not been formally reviewed,
and therefore is not yet a valid rationale to cease using CalCOFI data
to gauge the temperature-recruitment relationship. At this time, the
CalCOFI-based temperature relationship is still the best scientific
information available science to set the OFL.
Comment 3: In addition to commenting on the proposed rule, Oceana's
comment requested reconsideration of various aspects of sardine
management that are not considered in this action, including changing
the start date of the fishery, revision of the Minimum Stock Size
Threshold value, and various modifications to the OFL, ABC and HG
control rules.
Response: Changes to the management framework of Pacific sardine
and to the sardine harvest control rules are set in the CPS FMP and are
beyond the scope of this rulemaking. NMFS will take these comments into
consideration during related future management planning for the Pacific
sardine stock, and recommends Oceana continue to bring these concerns
to the attention of the Council as that body deliberates about the
management framework for sardine.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this final rule is
consistent with the CPS FMP, other provisions of the Magnuson-Stevens
Act, and other applicable law. There is good cause under 5 U.S.C.
553(d)(3) to waive the 30-day delay in effectiveness of these final
harvest specifications for the 2018-2019 Pacific sardine fishing
season. In accordance with the FMP, this rule was recommended by the
Council at its meeting in April 2018 the contents of which were based
on the best available new information on the population status of
Pacific sardine that became available at that time. Making these final
specifications effective on July 1, the first day of the fishing
season, is necessary for the conservation and management of the Pacific
sardine resource because last year's restrictions on harvest are not
effective after June 30. The FMP requires a prohibition on directed
fishing for Pacific sardine for the 2018-2019 fishing year because the
sardine biomass has dropped below the CUTOFF. The purpose of the CUTOFF
in the FMP, and for prohibiting a 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
can contribute to rebuilding the stock. A delay in the effectiveness of
this rule for a full 30 days would result in the re-opening the
directed commercial fishery on July 1.
Delaying the effective date of this rule beyond July 1 would be
contrary to the public interest because it would jeopardize the
sustainability of the Pacific sardine stock. Furthermore, most affected
fishermen are aware that the Council recommended that directed
commercial fishing be prohibited for the 2018-2019 fishing year and are
fully prepared to comply with the prohibition.
This final rule is exempt from the procedures of E.O. 12866 because
this action contains no implementing regulations.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration 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.
Pursuant to Executive Order 13175, this final rule was developed
after meaningful consultation and collaboration with the tribal
representative on the Council who has agreed with the provisions that
apply to tribal vessels.
This action does not contain a collection-of-information
requirement for purposes of the Paperwork Reduction Act.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 20, 2018.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2018-13583 Filed 6-22-18; 8:45 am]
BILLING CODE 3510-22-P
