Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications; 2021-2022 Annual Specifications and Management Measures for Pacific Sardine, 28325-28328 [2021-11161]
Download as PDF
<![CDATA[
Federal Register / Vol. 86, No. 100 / Wednesday, May 26, 2021 / Proposed Rules
TABLE 7—REAFFIRMED 2021–2022
ATLANTIC CHUB MACKEREL SPECIFICATIONS IN METRIC TONS—Continued
Specification
Annual Catch Limit (ACL) .....
Annual Catch Target ............
Total Allowable Landings .....
2021–2022
2,262
2,171
2,041
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 Mackerel, Squid, and
Butterfish 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 (SBA)
that this proposed rule, if adopted,
would not have a significant economic
impact on a substantial number of small
entities. The purpose, context, and
statutory basis for this action is
described above and not repeated here.
Business entities affected by this action
include vessels that are issued limited
access Atlantic mackerel, longfin squid,
Illex squid, and butterfish permits.
Although vessels issued open access
incidental catch permits for these
species are also potentially affected by
this action, because these vessels land
only small amounts of Atlantic
mackerel, squid, and butterfish and this
action would not revise the amount of
squid and butterfish that these vessels
can land, these entities would not be
affected by this proposed rule.
Any entity with combined annual
fishery landing receipts less than $11
million is considered a small entity
based on standards published in the
Federal Register (80 FR 81194,
December 29, 2015). In 2018, 350
separate vessels held limited access
Mackerel, Squid, and Butterfish permits.
Approximately 254 entities owned those
vessels, and based on current SBA
definitions (under $11 million to be a
commercial fishing small business
entity), 245 were small business entities.
All of the entities that had revenue (223)
fell into the commercial fishing
category. For those 223 with revenues,
their average revenue was $1.34 million
in 2019. The previously approved
Atltantic mackerel, Illex squid, and
longfin squid commercial landing limits
VerDate Sep<11>2014
18:54 May 25, 2021
Jkt 253001
28325
would not be changed by this proposed
action. Fishing revenue and, therefore,
economic impacts of yearly Mackerel,
Squid, and Butterfish specifications
depend upon species availability, which
may change yearly. This action should
not have negative impacts on any
participating entities. Mackerel and
longfin quotas would be maintained at
status quo. Illex squid specifications
would be maintained at status quo,
although the closure threshold would be
lowered from 95 percent to 94 percent
to avoid quota overages, which have
occurred in recent years. The landings
that can occur up to the 94 percent
closure threshold would still be higher
than the 2017–2019 quotas. 2019
landings were only slightly above the
landings at the 94 percent threshold
even with the 2019 overage. Avoiding
quota overages also has the long term
benefit of avoiding overfishing.
Butterfish quotas would be reduced, but
would still allow for increases from how
the fishery has operated from 2017–
2019.
In determining the significance of the
economic impacts of the proposed
action, we considered the following two
criteria outlined in applicable National
Marine Fisheries Service guidance:
Disproportionality and profitability. The
proposed measures would not place a
substantial number of small entities at a
significant competitive disadvantage to
large entities; all entities affected by this
action would be equally affected.
Accordingly, there are no distributional
economic effects from this action
between small and large entities.
Proposed measures would not reduce
fishing opportunities based on recent
squid and butterfish landings, change
any entity’s access to these resources, or
impose any costs to affected entities.
Therefore, this action would not reduce
revenues or profit for affected entities
compared to recent levels. Based on the
above justification, the proposed action
is not expected to have a significant
economic impact on a substantial
number of small entities.
This proposed rule does not contain
a change to a collection of information
requirement for purposes of the
Paperwork Reduction Act of 1995. The
existing collection of information
requirements would continue to apply
under the following OMB Control
Number: 0648–0229, Greater Atlantic
Region Dealer Purchase Reports.
Dated: May 17, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
List of Subjects in 50 CFR Part 648
AGENCY:
Fisheries, Fishing, Recordkeeping and
reporting requirements.
PO 00000
Frm 00028
Fmt 4702
Sfmt 4702
For the reasons set out in the
preamble, 50 CFR part 648 is proposed
to be amended as follows:
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.7, add paragraph (f)(1)(ii) to
read as follows:
■
§ 648.7 Recordkeeping and reporting
requirements.
*
*
*
*
*
(f) * * *
(1) * * *
(ii) From July 15 through December
31, dealer or processor reports
documenting Illex squid landings
greater than 10,000 pounds must be
received with 48 hours of landing.
*
*
*
*
*
■ 3. In § 648.24, revise paragraph (a)(2)
to read as follows:
§ 648.24 Fishery closures and
accountability measures.
(a) * * *
(2) Illex. NMFS shall close the
directed Illex fishery in the EEZ when
the Regional Administrator projects that
94 percent of the Illex DAH is harvested.
The closure of the directed fishery shall
be in effect for the remainder of that
fishing period, with incidental catches
allowed as specified at § 648.26.
*
*
*
*
*
[FR Doc. 2021–10679 Filed 5–25–21; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 210521–0114; RTID 0648–
XW035]
Fisheries Off West Coast States;
Coastal Pelagic Species Fisheries;
Annual Specifications; 2021–2022
Annual Specifications and
Management Measures for Pacific
Sardine
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
E:\FR\FM\26MYP1.SGM
26MYP1
28326
Federal Register / Vol. 86, No. 100 / Wednesday, May 26, 2021 / Proposed Rules
Proposed rule; request for
comments.
ACTION:
NMFS proposes to implement
annual harvest specifications and
management measures for the northern
subpopulation of Pacific sardine
(hereafter, Pacific sardine), for the
fishing year from July 1, 2021, through
June 30, 2022. The proposed action
would prohibit most directed
commercial fishing for Pacific sardine
off the coasts of Washington, Oregon,
and California. Pacific sardine harvest
would be allowed only in the live bait
fishery, minor directed fisheries, as
incidental catch in other fisheries, or as
authorized under exempted fishing
permits. The incidental harvest of
Pacific sardine would be limited to 20
percent by weight of all fish per trip
when caught with other stocks managed
under the Coastal Pelagic Species
Fishery Management Plan, or up to 2
metric tons per trip when caught with
non-Coastal Pelagic Species stocks. The
proposed annual catch limit for the
2021–2022 Pacific sardine fishing year
is 3,329 metric tons. This proposed rule
is intended to conserve and manage the
Pacific sardine stock off the U.S. West
Coast.
DATES: Comments must be received by
June 10, 2021.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2021–0045, by the following
method:
• Electronic Submissions: Submit all
public comments via the Federal eRulemaking Portal. Go to https://
www.regulations.gov and enter NOAA–
NMFS–2021–0045 in the Search box.
Click on the ‘‘Comment’’ icon, complete
the required fields, and enter or attach
your comments.
Instructions: Comments sent by any
other method or received after the end
of the comment period may not be
considered by NMFS. 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.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter
‘‘N/A’’ in the required fields if you wish
to remain anonymous).
FOR FURTHER INFORMATION CONTACT:
Taylor Debevec, West Coast Region,
NMFS, (562) 619–2052,
Taylor.Debevec@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS
manages the Pacific sardine fishery in
SUMMARY:
VerDate Sep<11>2014
18:54 May 25, 2021
Jkt 253001
the U.S. exclusive economic zone (EEZ)
off the Pacific 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
(MSA), 16 U.S.C. 1801 et seq.
During public meetings each year, the
NMFS Southwest Fisheries Science
Center (SWFSC) presents the estimated
biomass for Pacific sardine to the Pacific
Fishery Management Council (Council),
including the Council’s CPS
Management Team (Team), CPS
Advisory Subpanel (Subpanel) and
Scientific and Statistical Committee
(SSC). The Team, Subpanel, and SSC
review the biomass and the status of the
fishery, and recommend applicable
catch limits and additional management
measures. Following Council review
and public comment, the Council
adopts a biomass estimate and
recommends catch limits and any inseason accountability measures to
NMFS. NMFS publishes annual
specifications in the Federal Register to
establish these catch limits and
management measures for each Pacific
sardine fishing year. This rule proposes
the Council’s recommended catch limits
for the 2021–2022 fishing year, as well
as management measures to ensure that
harvest does not exceed those limits and
the adoption of an OFL and ABC that
take into consideration uncertainty
surrounding the current estimate of
biomass for Pacific sardine.
Recommended Catch Limits
According to the FMP, the catch limit
for the primary directed fishery is
determined using the FMP-specified HG
formula. This Pacific sardine HG control
rule, the primary mechanism for setting
the primary directed fishery catch limit,
includes a CUTOFF parameter, which
has been set as a biomass level of
150,000 mt. This amount is subtracted
from the annual biomass estimate before
calculating the applicable HG for the
fishing year. Since this year’s biomass
estimate, 28,276 metric tons (mt), is
below that value, the formula results in
an HG of zero, and no Pacific sardine
are available for the primary directed
fishery during the 2021–2022 fishing
PO 00000
Frm 00029
Fmt 4702
Sfmt 4702
season. This is the seventh consecutive
year that the primary directed fishery is
closed.
During the 2019–2020 fishing year,
the estimated biomass of Pacific sardine
dropped below its 50,000-mt minimum
stock size threshold (MSST), which
triggered an overfished determination
process. Accordingly, NMFS declared
the stock overfished on June 26, 2019,
and notified the Council on July 9, 2019.
Since then, NMFS has worked with the
Council to develop a rebuilding plan for
Pacific sardine. At its September 2020
meeting, the Council recommended
Amendment 18 to the CPS FMP, which
would implement a rebuilding plan for
Pacific sardine. NMFS published a
Notification of Availability (86 FR
14401) for Amendment 18 to the CPS
FMP on March 16, 2021, with a
comment period ending on May 17,
2021.
At the Council’s April 2021 meeting,
the Council’s SSC reviewed the SWFSC
2021–2022 Pacific sardine stock
assessment ‘‘Catch-only projection of
the Pacific sardine resource in 2021 for
U.S. management in 2021–2022.’’ The
SWFSC completes annual assessments
for Pacific sardine. The type of
assessment alternates between
benchmark assessments in one year and
updated assessments the following two
years. Both types of assessments are
based largely on data collected from
annual research cruises. However, due
to the COVID–19 pandemic, a CPS
research cruise was not conducted in
2020. As a result, the SWFSC produced
a catch-only projection, based on the
2020 benchmark assessment, to provide
a biomass estimate for harvest
specifications during the 2021–2022
fishing year.
Although the SSC acknowledged that
the SWFSC appropriately conducted the
stock assessment in accord with the
Council’s Terms of Reference for catchonly projections, the SSC concluded
that the assessment was not appropriate
for use in management this year. The
SSC’s primary concern was the
discrepancy between the 2020 estimated
fleet catch used in the 2020 benchmark
assessment and the actual observed
2020 fleet catch used in the 2021 catchonly assessment. Specifically, the actual
observed MexCal fleet catch (i.e., catch
from Mexico, Southern California, and
Central California) used for the 2021
catch-only projection was significantly
higher than the preliminary estimate of
the MexCal fleet catch for the same time
period used in the 2020 benchmark
assessment (33,070 mt vs 11,819 mt),
resulting in a catch level for 2020 that
was higher than the estimated biomass
for 2020. This high level of catch caused
E:\FR\FM\26MYP1.SGM
26MYP1
Federal Register / Vol. 86, No. 100 / Wednesday, May 26, 2021 / Proposed Rules
the stock assessment model to make
unrealistic assumptions about the stock
(e.g., levels of recruitment and fishing
mortality rate) that are not expected for
a catch-only assessment, as they varied
too much from the 2020 benchmark
assessment. For example, to reflect such
a high catch amount, the model
assumed a recruitment level that was
nearly triple the previous assessment
model estimate of recruitment.
Because of this discrepancy, the SSC
recommended using the 2020
benchmark assessment to provide a
biomass estimate for harvest
specifications during the 2021–2022
fishing year, including the 2020–2021
biomass estimate of 28,276 mt, and the
OFL of 5,525 mt. The SSC
acknowledged that defaulting to the
2020–2021 stock assessment does not
resolve the inconsistencies between the
2020 benchmark assessment and the
2021 catch-only assessment; therefore,
the SSC recommended designating the
2020 benchmark assessment as a
Category 3 stock assessment, which
infers a high amount of uncertainty (i.e.,
a data-poor assessment) and
functionally increases the buffer
between the OFL and the ABC to
account for the greater uncertainty and
ensure overfishing is prevented.
Based on the SSC’s recommendation,
the Council recommended, and NMFS
is proposing for the 2021–2022 fishing
year, an OFL of 5,525 mt, an ABC of
3,329 mt, an annual catch limit (ACL) of
3,329 mt, and a prohibition on
commercial Pacific sardine catch, unless
it is harvested as part of the live bait,
tribal, or minor directed fisheries, as
incidental catch in other fisheries, or as
part of exempted fishing permit (EFP)
activities. The Council also
recommended an annual catch target
(ACT) of 3,000 mt for the 2021–2022
fishing year. For comparison, the ABC/
ACL and ACT adopted last year were
4,288 mt and 4,000 mt, respectively.
Therefore, although the recommended
OFL for this year is the same as last
year, the ABC/ACL level has been
reduced to account for greater
uncertainty in the OFL and an increased
level of precaution.
In conjunction with setting an ACT,
the Council also recommended inseason
and other management measures to
ensure harvest opportunity under the
ACT throughout the year (see
Recommended Management Measures
below).
Recommended Management Measures
The proposed annual harvest limits
and management measures were
developed in the context of the fact that
NMFS declared the Pacific sardine stock
VerDate Sep<11>2014
18:54 May 25, 2021
Jkt 253001
overfished in July 2019. Since the
biomass remains below the 50,000 mt
MSST, the FMP requires that incidental
catch of Pacific sardine in other CPS
fisheries be limited to an incidental
allowance of no more than 20 percent
by weight (instead of a maximum of 40
percent allowed when below the
CUTOFF but above the MSST).
The following are the proposed
management measures and inseason
accountability measures for the Pacific
sardine 2021–2022 fishing year:
(1) If landings in the live bait fishery
reach 1,800 mt, of Pacific sardine, then
a 1-mt per-trip limit of sardine would
apply to the live bait fishery.
(2) An incidental per-landing limit of
20-percent (by weight) Pacific sardine
applies to other CPS primary directed
fisheries (e.g., Pacific mackerel).
(3) If the ACT of 3,000 mt is attained,
then a 1-mt per-trip limit of Pacific
sardine would apply to all CPS fisheries
(i.e., 1) and 2) would no longer apply).
(4) An incidental per-landing
allowance of 2 mt of Pacific sardine
would apply to non-CPS fisheries until
the ACL is reached.
All sources of catch including any
EFP set-asides, the live bait fishery, and
other minimal sources of harvest, such
as incidental catch in CPS and non-CPS
fisheries, and minor directed fishing,
will be accounted for against the ACT
and ACL.
The NMFS West Coast Regional
Administrator would publish a
notification 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 would make
announcements through other means
available, including emails to
fishermen, processors, and state fishery
management agencies.
In previous fishing years, the
Quinault Indian Nation has requested,
and NMFS has approved, a set-aside for
the exclusive right to harvest Pacific
sardine in the Quinault Usual and
Accustomed Fishing Area off the coast
of Washington State, pursuant to the
1856 Treaty of Olympia (Treaty with the
Quinault). For the 2021–2022 fishing
year, the Quinault Indian Nation has not
requested a tribal set-aside, and
therefore none is proposed.
At the April 2021 meeting, the
Council approved three EFP proposals
requesting an exemption from the
prohibition to directly harvest sardine
during their discussion of sardine
management measures. Those EFPs
include a total amount of up to 830 mt
of the ACL.
PO 00000
Frm 00030
Fmt 4702
Sfmt 4702
28327
This action must be effective by July
1, 2021; otherwise the fishery will open
without any catch limits or restrictions
in place. In order to ensure that these
harvest specifications are effective in
time for the start of the July 1 fishing
year, NMFS will solicit public
comments on this proposed rule for 15
days rather than the standard 30 days.
A 15-day comment period has been the
practice since the 2015–2016 fishing
year, when the primary directed fishery
for sardine was first closed. NMFS
received the recommendations from the
Council that form the basis for this rule
only last month. The subject of this
proposed rule—the establishment of the
reference points—is considered a
routine action, because they are
calculated annually based on the
framework control rules in the FMP.
Additionally the Council provided an
opportunity for public comment at its
April 2021 meeting, as it does every
year before adopting the recommended
harvest specifications and management
measures for the proceeding fishing
year.
Classification
Pursuant to section 304(b)(1)(A) of the
MSA, the NMFS Assistant
Administrator has determined that this
proposed rule is consistent with the CPS
FMP, other provisions of the MSA, and
other applicable law, subject to further
consideration after public comment.
This proposed rule is exempt from
review under Executive Order 12866.
Pursuant to Executive Order 13175,
this proposed 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.
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.
E:\FR\FM\26MYP1.SGM
26MYP1
28328
Federal Register / Vol. 86, No. 100 / Wednesday, May 26, 2021 / Proposed Rules
The purpose of this proposed rule is
to conserve the Pacific sardine stock by
preventing overfishing, while still
allowing harvest opportunity among
differing fishery sectors. This will be
accomplished by implementing the
2021–2022 annual specifications for
Pacific sardine in the U.S. EEZ off the
West coast. The small entities that
would be affected by the proposed
action are the vessels that would be
expected to harvest Pacific sardine as
part of the West Coast CPS small purse
seine fleet if the fishery were open, as
well as fishermen targeting other CPS,
sardine for live bait, or sardine in the
minor directed fishery. In 2014, the last
year that a directed fishery for Pacific
sardine was allowed, there were
approximately 81 vessels permitted to
operate in the directed sardine fishery
component of the CPS fishery off the
U.S. West Coast; 58 vessels in the
Federal CPS limited entry fishery off
California (south of 39° N. lat.); and a
combined 23 vessels in Oregon and
Washington’s state Pacific sardine
fisheries. We do not collect or have
access to information about affiliation
between vessels or affiliation between
vessels and processing entities in this
fishery, or receipts in Alaska, Hawaii, or
international fisheries, so it is possible
that some impacted entities may exceed
$11 million in ex-vessel revenue or
another size-standard threshold. Based
on available data, the average annual
west coast revenue per vessel for all
west coast vessels, including those
described above potentially affected by
this rule, was well below the threshold
level of $11 million as of 2020;
therefore, all of these vessels are
considered small businesses under the
RFA. Because each affected vessel is a
small business, this proposed rule is
considered to equally affect all of these
small entities in the same manner.
VerDate Sep<11>2014
18:54 May 25, 2021
Jkt 253001
Therefore, this rule would not create
disproportionate costs between small
and large vessels/businesses.
The CPS FMP and its implementing
regulations require NMFS to annually
set an OFL, ABC, ACL, and HG or ACT
for the Pacific sardine fishery based on
the specified harvest control rules in the
FMP applied to the current stock
biomass estimate for that year. The
derived annual HG is the level typically
used to manage the primary directed
sardine fishery and is the harvest level
NMFS typically uses for profitability
analysis each year. As stated above, the
CPS FMP dictates that when the
estimated biomass drops below a certain
level (150,000 mt), the HG is zero. Since
there is again no directed fishing for the
2021–2022 fishing year, this proposed
rule will not change the potential
profitability for directly regulated
entities compared to the previous six
fishing years. Additionally, while the
proposed 2021–2022 ACL is slightly
lower compared to previous years, it is
still expected to account for the various
fishery sector needs (i.e., live bait,
incidental catch in other CPS fisheries,
and minor directed fisheries).
The revenue derived from harvesting
Pacific sardine is typically only one of
the sources of fishing revenue for the
commercial vessels that participate in
this fishery. As a result, the economic
impact to the fleet from the proposed
action cannot be viewed in isolation.
From year to year, depending on market
conditions and availability of fish, most
CPS/sardine vessels supplement their
income by harvesting other species.
Many vessels in California also harvest
anchovy, mackerel, and in particular,
squid, making Pacific sardine only one
component of a multi-species CPS
fishery. Additionally, some sardine
vessels that operate off of Oregon and
Washington also fish for salmon in
PO 00000
Frm 00031
Fmt 4702
Sfmt 9990
Alaska or squid in California during
times of the year when sardine are not
available. The purpose of the incidental
catch limits proposed in this action are
to ensure the vessels impacted by a
prohibition on directly harvesting
sardine can still access these other
profitable fisheries while minimizing
Pacific sardine harvest.
CPS vessels typically rely on multiple
species for profitability because
abundance of Pacific sardine, like the
other CPS stocks, is highly associated
with ocean conditions and seasonality.
Variability in ocean conditions and
season results in variability in the
timing and location of CPS harvest
throughout the year. Because each
species responds to ocean conditions in
its own way, not all CPS stocks are
likely to be abundant at the same time.
Therefore, as abundance levels and
markets fluctuate, the CPS fishery as a
whole has relied on a group of species
for its annual revenues.
Therefore the proposed action, if
adopted, will 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 Paper Reduction Act.
There are no relevant Federal rules that
may duplicate, overlap, or conflict with
the proposed action.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 21, 2021.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2021–11161 Filed 5–25–21; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\26MYP1.SGM
26MYP1
]]>Agencies
[Federal Register Volume 86, Number 100 (Wednesday, May 26, 2021)]
[Proposed Rules]
[Pages 28325-28328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11161]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 210521-0114; RTID 0648-XW035]
Fisheries Off West Coast States; Coastal Pelagic Species
Fisheries; Annual Specifications; 2021-2022 Annual Specifications and
Management Measures for Pacific Sardine
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
[[Page 28326]]
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes to implement annual harvest specifications and
management measures for the northern subpopulation of Pacific sardine
(hereafter, Pacific sardine), for the fishing year from July 1, 2021,
through June 30, 2022. The proposed action would prohibit most directed
commercial fishing for Pacific sardine off the coasts of Washington,
Oregon, and California. Pacific sardine harvest would be allowed only
in the live bait fishery, minor directed fisheries, as incidental catch
in other fisheries, or as authorized under exempted fishing permits.
The incidental harvest of Pacific sardine would be limited to 20
percent by weight of all fish per trip when caught with other stocks
managed under the Coastal Pelagic Species Fishery Management Plan, or
up to 2 metric tons per trip when caught with non-Coastal Pelagic
Species stocks. The proposed annual catch limit for the 2021-2022
Pacific sardine fishing year is 3,329 metric tons. This proposed rule
is intended to conserve and manage the Pacific sardine stock off the
U.S. West Coast.
DATES: Comments must be received by June 10, 2021.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2021-0045, by the following method:
Electronic Submissions: Submit all public comments via the
Federal e-Rulemaking Portal. Go to https://www.regulations.gov and
enter NOAA-NMFS-2021-0045 in the Search box. Click on the ``Comment''
icon, complete the required fields, and enter or attach your comments.
Instructions: Comments sent by any other method or received after
the end of the comment period may not be considered by NMFS. 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.),
confidential business information, or otherwise sensitive information
submitted voluntarily by the sender will be publicly accessible. NMFS
will accept anonymous comments (enter ``N/A'' in the required fields if
you wish to remain anonymous).
FOR FURTHER INFORMATION CONTACT: Taylor Debevec, West Coast Region,
NMFS, (562) 619-2052, [email protected].
SUPPLEMENTARY INFORMATION: NMFS manages the Pacific sardine fishery in
the U.S. exclusive economic zone (EEZ) off the Pacific 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 (MSA), 16
U.S.C. 1801 et seq.
During public meetings each year, the NMFS Southwest Fisheries
Science Center (SWFSC) presents the estimated biomass for Pacific
sardine to the Pacific Fishery Management Council (Council), including
the Council's CPS Management Team (Team), CPS Advisory Subpanel
(Subpanel) and Scientific and Statistical Committee (SSC). The Team,
Subpanel, and SSC review the biomass and the status of the fishery, and
recommend applicable catch limits and additional management measures.
Following Council review and public comment, the Council adopts a
biomass estimate and recommends catch limits and any in-season
accountability measures to NMFS. NMFS publishes annual specifications
in the Federal Register to establish these catch limits and management
measures for each Pacific sardine fishing year. This rule proposes the
Council's recommended catch limits for the 2021-2022 fishing year, as
well as management measures to ensure that harvest does not exceed
those limits and the adoption of an OFL and ABC that take into
consideration uncertainty surrounding the current estimate of biomass
for Pacific sardine.
Recommended Catch Limits
According to the FMP, the catch limit for the primary directed
fishery is determined using the FMP-specified HG formula. This Pacific
sardine HG control rule, the primary mechanism for setting the primary
directed fishery catch limit, includes a CUTOFF parameter, which has
been set as a biomass level of 150,000 mt. This amount is subtracted
from the annual biomass estimate before calculating the applicable HG
for the fishing year. Since this year's biomass estimate, 28,276 metric
tons (mt), is below that value, the formula results in an HG of zero,
and no Pacific sardine are available for the primary directed fishery
during the 2021-2022 fishing season. This is the seventh consecutive
year that the primary directed fishery is closed.
During the 2019-2020 fishing year, the estimated biomass of Pacific
sardine dropped below its 50,000-mt minimum stock size threshold
(MSST), which triggered an overfished determination process.
Accordingly, NMFS declared the stock overfished on June 26, 2019, and
notified the Council on July 9, 2019. Since then, NMFS has worked with
the Council to develop a rebuilding plan for Pacific sardine. At its
September 2020 meeting, the Council recommended Amendment 18 to the CPS
FMP, which would implement a rebuilding plan for Pacific sardine. NMFS
published a Notification of Availability (86 FR 14401) for Amendment 18
to the CPS FMP on March 16, 2021, with a comment period ending on May
17, 2021.
At the Council's April 2021 meeting, the Council's SSC reviewed the
SWFSC 2021-2022 Pacific sardine stock assessment ``Catch-only
projection of the Pacific sardine resource in 2021 for U.S. management
in 2021-2022.'' The SWFSC completes annual assessments for Pacific
sardine. The type of assessment alternates between benchmark
assessments in one year and updated assessments the following two
years. Both types of assessments are based largely on data collected
from annual research cruises. However, due to the COVID-19 pandemic, a
CPS research cruise was not conducted in 2020. As a result, the SWFSC
produced a catch-only projection, based on the 2020 benchmark
assessment, to provide a biomass estimate for harvest specifications
during the 2021-2022 fishing year.
Although the SSC acknowledged that the SWFSC appropriately
conducted the stock assessment in accord with the Council's Terms of
Reference for catch-only projections, the SSC concluded that the
assessment was not appropriate for use in management this year. The
SSC's primary concern was the discrepancy between the 2020 estimated
fleet catch used in the 2020 benchmark assessment and the actual
observed 2020 fleet catch used in the 2021 catch-only assessment.
Specifically, the actual observed MexCal fleet catch (i.e., catch from
Mexico, Southern California, and Central California) used for the 2021
catch-only projection was significantly higher than the preliminary
estimate of the MexCal fleet catch for the same time period used in the
2020 benchmark assessment (33,070 mt vs 11,819 mt), resulting in a
catch level for 2020 that was higher than the estimated biomass for
2020. This high level of catch caused
[[Page 28327]]
the stock assessment model to make unrealistic assumptions about the
stock (e.g., levels of recruitment and fishing mortality rate) that are
not expected for a catch-only assessment, as they varied too much from
the 2020 benchmark assessment. For example, to reflect such a high
catch amount, the model assumed a recruitment level that was nearly
triple the previous assessment model estimate of recruitment.
Because of this discrepancy, the SSC recommended using the 2020
benchmark assessment to provide a biomass estimate for harvest
specifications during the 2021-2022 fishing year, including the 2020-
2021 biomass estimate of 28,276 mt, and the OFL of 5,525 mt. The SSC
acknowledged that defaulting to the 2020-2021 stock assessment does not
resolve the inconsistencies between the 2020 benchmark assessment and
the 2021 catch-only assessment; therefore, the SSC recommended
designating the 2020 benchmark assessment as a Category 3 stock
assessment, which infers a high amount of uncertainty (i.e., a data-
poor assessment) and functionally increases the buffer between the OFL
and the ABC to account for the greater uncertainty and ensure
overfishing is prevented.
Based on the SSC's recommendation, the Council recommended, and
NMFS is proposing for the 2021-2022 fishing year, an OFL of 5,525 mt,
an ABC of 3,329 mt, an annual catch limit (ACL) of 3,329 mt, and a
prohibition on commercial Pacific sardine catch, unless it is harvested
as part of the live bait, tribal, or minor directed fisheries, as
incidental catch in other fisheries, or as part of exempted fishing
permit (EFP) activities. The Council also recommended an annual catch
target (ACT) of 3,000 mt for the 2021-2022 fishing year. For
comparison, the ABC/ACL and ACT adopted last year were 4,288 mt and
4,000 mt, respectively. Therefore, although the recommended OFL for
this year is the same as last year, the ABC/ACL level has been reduced
to account for greater uncertainty in the OFL and an increased level of
precaution.
In conjunction with setting an ACT, the Council also recommended
inseason and other management measures to ensure harvest opportunity
under the ACT throughout the year (see Recommended Management Measures
below).
Recommended Management Measures
The proposed annual harvest limits and management measures were
developed in the context of the fact that NMFS declared the Pacific
sardine stock overfished in July 2019. Since the biomass remains below
the 50,000 mt MSST, the FMP requires that incidental catch of Pacific
sardine in other CPS fisheries be limited to an incidental allowance of
no more than 20 percent by weight (instead of a maximum of 40 percent
allowed when below the CUTOFF but above the MSST).
The following are the proposed management measures and inseason
accountability measures for the Pacific sardine 2021-2022 fishing year:
(1) If landings in the live bait fishery reach 1,800 mt, of Pacific
sardine, then a 1-mt per-trip limit of sardine would apply to the live
bait fishery.
(2) An incidental per-landing limit of 20-percent (by weight)
Pacific sardine applies to other CPS primary directed fisheries (e.g.,
Pacific mackerel).
(3) If the ACT of 3,000 mt is attained, then a 1-mt per-trip limit
of Pacific sardine would apply to all CPS fisheries (i.e., 1) and 2)
would no longer apply).
(4) An incidental per-landing allowance of 2 mt of Pacific sardine
would apply to non-CPS fisheries until the ACL is reached.
All sources of catch including any EFP set-asides, the live bait
fishery, and other minimal sources of harvest, such as incidental catch
in CPS and non-CPS fisheries, and minor directed fishing, will be
accounted for against the ACT and ACL.
The NMFS West Coast Regional Administrator would publish a
notification 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 would make announcements through other
means available, including emails to fishermen, processors, and state
fishery management agencies.
In previous fishing years, the Quinault Indian Nation has
requested, and NMFS has approved, a set-aside for the exclusive right
to harvest Pacific sardine in the Quinault Usual and Accustomed Fishing
Area off the coast of Washington State, pursuant to the 1856 Treaty of
Olympia (Treaty with the Quinault). For the 2021-2022 fishing year, the
Quinault Indian Nation has not requested a tribal set-aside, and
therefore none is proposed.
At the April 2021 meeting, the Council approved three EFP proposals
requesting an exemption from the prohibition to directly harvest
sardine during their discussion of sardine management measures. Those
EFPs include a total amount of up to 830 mt of the ACL.
This action must be effective by July 1, 2021; otherwise the
fishery will open without any catch limits or restrictions in place. In
order to ensure that these harvest specifications are effective in time
for the start of the July 1 fishing year, NMFS will solicit public
comments on this proposed rule for 15 days rather than the standard 30
days. A 15-day comment period has been the practice since the 2015-2016
fishing year, when the primary directed fishery for sardine was first
closed. NMFS received the recommendations from the Council that form
the basis for this rule only last month. The subject of this proposed
rule--the establishment of the reference points--is considered a
routine action, because they are calculated annually based on the
framework control rules in the FMP. Additionally the Council provided
an opportunity for public comment at its April 2021 meeting, as it does
every year before adopting the recommended harvest specifications and
management measures for the proceeding fishing year.
Classification
Pursuant to section 304(b)(1)(A) of the MSA, the NMFS Assistant
Administrator has determined that this proposed rule is consistent with
the CPS FMP, other provisions of the MSA, and other applicable law,
subject to further consideration after public comment.
This proposed rule is exempt from review under Executive Order
12866.
Pursuant to Executive Order 13175, this proposed 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.
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.
[[Page 28328]]
The purpose of this proposed rule is to conserve the Pacific
sardine stock by preventing overfishing, while still allowing harvest
opportunity among differing fishery sectors. This will be accomplished
by implementing the 2021-2022 annual specifications for Pacific sardine
in the U.S. EEZ off the West coast. The small entities that would be
affected by the proposed action are the vessels that would be expected
to harvest Pacific sardine as part of the West Coast CPS small purse
seine fleet if the fishery were open, as well as fishermen targeting
other CPS, sardine for live bait, or sardine in the minor directed
fishery. In 2014, the last year that a directed fishery for Pacific
sardine was allowed, there were approximately 81 vessels permitted to
operate in the directed sardine fishery component of the CPS fishery
off the U.S. West Coast; 58 vessels in the Federal CPS limited entry
fishery off California (south of 39[deg] N. lat.); and a combined 23
vessels in Oregon and Washington's state Pacific sardine fisheries. We
do not collect or have access to information about affiliation between
vessels or affiliation between vessels and processing entities in this
fishery, or receipts in Alaska, Hawaii, or international fisheries, so
it is possible that some impacted entities may exceed $11 million in
ex-vessel revenue or another size-standard threshold. Based on
available data, the average annual west coast revenue per vessel for
all west coast vessels, including those described above potentially
affected by this rule, was well below the threshold level of $11
million as of 2020; therefore, all of these vessels are considered
small businesses under the RFA. Because each affected vessel is a small
business, this proposed rule is considered to equally affect all of
these small entities in the same manner. Therefore, this rule would not
create disproportionate costs between small and large vessels/
businesses.
The CPS FMP and its implementing regulations require NMFS to
annually set an OFL, ABC, ACL, and HG or ACT for the Pacific sardine
fishery based on the specified harvest control rules in the FMP applied
to the current stock biomass estimate for that year. The derived annual
HG is the level typically used to manage the primary directed sardine
fishery and is the harvest level NMFS typically uses for profitability
analysis each year. As stated above, the CPS FMP dictates that when the
estimated biomass drops below a certain level (150,000 mt), the HG is
zero. Since there is again no directed fishing for the 2021-2022
fishing year, this proposed rule will not change the potential
profitability for directly regulated entities compared to the previous
six fishing years. Additionally, while the proposed 2021-2022 ACL is
slightly lower compared to previous years, it is still expected to
account for the various fishery sector needs (i.e., live bait,
incidental catch in other CPS fisheries, and minor directed fisheries).
The revenue derived from harvesting Pacific sardine is typically
only one of the sources of fishing revenue for the commercial vessels
that participate in this fishery. As a result, the economic impact to
the fleet from the proposed action cannot be viewed in isolation. From
year to year, depending on market conditions and availability of fish,
most CPS/sardine vessels supplement their income by harvesting other
species. Many vessels in California also harvest anchovy, mackerel, and
in particular, squid, making Pacific sardine only one component of a
multi-species CPS fishery. Additionally, some sardine vessels that
operate off of Oregon and Washington also fish for salmon in Alaska or
squid in California during times of the year when sardine are not
available. The purpose of the incidental catch limits proposed in this
action are to ensure the vessels impacted by a prohibition on directly
harvesting sardine can still access these other profitable fisheries
while minimizing Pacific sardine harvest.
CPS vessels typically rely on multiple species for profitability
because abundance of Pacific sardine, like the other CPS stocks, is
highly associated with ocean conditions and seasonality. Variability in
ocean conditions and season results in variability in the timing and
location of CPS harvest throughout the year. Because each species
responds to ocean conditions in its own way, not all CPS stocks are
likely to be abundant at the same time. Therefore, as abundance levels
and markets fluctuate, the CPS fishery as a whole has relied on a group
of species for its annual revenues.
Therefore the proposed action, if adopted, will 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 Paper Reduction Act. There are no
relevant Federal rules that may duplicate, overlap, or conflict with
the proposed action.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 21, 2021.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2021-11161 Filed 5-25-21; 8:45 am]
BILLING CODE 3510-22-P
