Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Biennial Specifications; 2021-2022 and 2022-2023 Specifications for Pacific Mackerel, 48969-48971 [2021-18851]
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Federal Register / Vol. 86, No. 167 / Wednesday, September 1, 2021 / Proposed Rules
fishery and 86 percent to the
recreational fishery (a 3-percentage
point change from the current
allocations of 17 percent to the
commercial sector and 83 percent to the
recreational sector);
• Re-allocate bluefish commercial
quota to the states from Maine to Florida
based on the most recent 10 years of
landings data (2009–2018) rather than
outdated historical information (1981–
1989), including a 0.1-percent minimum
default allocation so no states in the
management unit lose quota entirely;
• Implement a 7-year rebuilding plan
using a constant fishing mortality model
where fishing mortality (F) = 0.154;
• Revise measures to allow the sector
quota transfer to be bi-directional (from
commercial to recreational or vice
versa), with a revised maximum transfer
cap of 10-percent of the Acceptable
Biological Catch; and
• Revise administrative measures in
the specifications process to allow for
the accounting of sector-specific
management uncertainty.
Additional information on these
proposed changes can be found in the
EA for this amendment and forthcoming
proposed rule.
khammond on DSKJM1Z7X2PROD with PROPOSALS
Public Comment Instructions
The Magnuson-Stevens Act allows
NMFS as the implementing agency to
approve, partially approve, or
disapprove measures recommended by
the Council in a regulatory amendment
based on whether the measures are
consistent with the FMP, the MagnusonStevens Act and its National Standards,
and other applicable law. As such,
NMFS is soliciting public comments on
whether the measures in Amendment 7
to the Atlantic Bluefish FMP and its
supporting documents are consistent
with the FMP, the Magnuson-Stevens
Act, and other applicable law. Public
comments on this amendment may be
submitted through the end of the
comment period specified in the DATES
section of this notice of availability
(NOA).
A proposed rule that would
implement this amendment, including
draft regulatory text, will also be
published in the Federal Register for
public comment. All comments received
by the end of the comment period on
this NOA, whether specifically directed
to the NOA or the proposed rule, will
be considered in the approval/
disapproval decision on Amendment 7.
Comments received after the end of the
comment period for this NOA will not
be considered in the approval/
disapproval decision of this action.
Authority: 16 U.S.C. 1801 et seq.
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Dated: August 27, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2021–18848 Filed 8–31–21; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 210826–0168]
RIN 0648–BK56
Fisheries Off West Coast States;
Coastal Pelagic Species Fisheries;
Biennial Specifications; 2021–2022 and
2022–2023 Specifications for Pacific
Mackerel
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule.
AGENCY:
NMFS proposes to implement
allowable catch levels, an overfishing
limit, an allowable biological catch, and
an annual catch limit for Pacific
mackerel in the U.S. exclusive economic
zone off the West Coast (California,
Oregon and Washington) for the fishing
seasons 2021–2022 and 2022–2023. This
proposed rule is pursuant to the Coastal
Pelagic Species Fishery Management
Plan. The proposed harvest guideline
and annual catch target for the 2021–
2022 fishing season are 8,323 metric
tons (mt) and 7,323 mt, respectively.
The proposed harvest guideline and
annual catch target for the 2022–2023
fishing season are 5,822 mt and 4,822
mt, respectively. If the fishery attains
the annual catch target in either fishing
season, the directed fishery will close,
reserving the 1,000-mt difference
between the harvest guideline and
annual catch target as a set-aside for
incidental landings in other Coastal
Pelagic Species fisheries and other
sources of mortality. This document is
intended to conserve and manage the
Pacific mackerel stock off the U.S. West
Coast.
DATES: Comments must be received by
October 1, 2021.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2021–0066, by any of the
following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov and enter NOAA–
SUMMARY:
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48969
NMFS–2021–0066 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: Under the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act), 16 U.S.C. 1801
et seq., NMFS manages the Pacific
mackerel fishery in the U.S. exclusive
economic zone (EEZ) off the West Coast
in accordance with the Coastal Pelagic
Species (CPS) Fishery Management Plan
(FMP). The CPS FMP and its
implementing regulations require NMFS
to set annual harvest specifications for
the Pacific mackerel fishery based on
the annual specification framework and
control rules in the FMP. The Pacific
mackerel fishing season runs from July
1 to June 30. The purpose of this
proposed rule is to implement these
harvest specifications, which include
allowable harvest levels (i.e., annual
catch target (ACT) and harvest guideline
(HG)), an annual catch limit (ACL), and
annual catch reference points (i.e.,
overfishing limit (OFL) and acceptable
biological catch (ABC)). The uncertainty
surrounding the current biomass
estimates for Pacific mackerel for the
2021–2022 and 2022–2023 fishing
seasons was taken into consideration in
the development of these harvest
specifications. Any Pacific mackerel
harvested between July 1, 2021, and the
effective date of the final rule would
count toward the 2021–2022 ACT and
HG.
During public meetings each year, the
NMFS Southwest Fisheries Science
Center (SWFSC) presents biomass
estimates for Pacific mackerel to the
Pacific Fishery Management Council’s
(Council) CPS Management Team
(CPSMT), the Council’s CPS Advisory
Subpanel (CPSAS) and the Council’s
Scientific and Statistical Committee
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(SSC), and the biomass estimates and
the status of the fisheries are reviewed
and discussed. The CPSMT, CPSAS,
and SSC then provide recommendations
and comments to the Council regarding
the calculated OFL, ABC, ACL, HG and
ACT. Following Council review and
after hearing public comment, the
Council adopts biomass estimates and
makes its harvest specification
recommendations to NMFS. Biennial
specifications published in the Federal
Register establish these allowable
harvest levels (i.e., ACT/HG) as well as
OFL, ABC, and ACL for the upcoming
two Pacific mackerel fishing seasons.
The control rules in the CPS FMP
include the HG control rule, which, in
conjunction with the OFL and ABC
rules, are used to manage Pacific
mackerel. According to the FMP, the
quota for the principal commercial
fishery, the HG, is determined using the
FMP-specified HG formula. The HG is
based, in large part, on the estimate of
stock biomass for the fishing year. The
biomass estimate is an explicit part of
the various harvest control rules for
Pacific mackerel, and as the estimated
biomass decreases or increases from one
year to the next, the resulting allowable
catch levels similarly trend. The harvest
control rule in the CPS FMP is HG =
[(Biomass-Cutoff) * Fraction *
Distribution] with the parameters
described as follows:
1. Biomass. The estimated stock
biomass of Pacific mackerel for the
2021–2022 management season is
57,832 metric tons (mt). The estimated
stock biomass of Pacific mackerel for the
2022–2023 management season is
45,925 mt.
2. Cutoff. This is the biomass level
below which no commercial fishery is
allowed. The FMP established this level
at 18,200 mt.
3. Fraction. The harvest fraction is the
percentage of the biomass above 18,200
mt that may be harvested. This is set in
the FMP at 30 percent.
4. Distribution. Pacific mackerel range
from Mexico to Alaska and regularly
migrate between Mexico and the U.S.
West Coast. Because some of the Pacific
mackerel stock exists outside of U.S.
waters, the Distribution parameter is
used to estimate the proportion of the
total biomass in U.S. waters and to
calculate U.S. catch limits. The average
portion of the total Pacific mackerel
biomass estimated in the West Coast
U.S. EEZ is set in the FMP at 70 percent.
The 70 percent distribution estimate is
based on the average historical larval
distribution obtained from scientific
cruises and the distribution of the
resource according to the logbooks of
aerial fish-spotters.
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16:23 Aug 31, 2021
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The Council has recommended, and
NMFS is proposing, Pacific mackerel
harvest specifications for both the 2021–
2022 and 2022–2023 fishing seasons.
For the 2021–2022 Pacific mackerel
fishing season these include an OFL of
12,145 mt, an ABC and ACL of 9,446 mt,
a HG of 8,323 mt, and an annual ACT
of 7,323 mt. For the 2022–2023 Pacific
mackerel fishing season these include
an OFL of 9,644 mt, and ABC and ACL
of 7,501 mt, a HG of 5,822 mt, and an
ACT of 4,822 mt. These catch
specifications are based on the control
rules established in the CPS FMP and
biomass estimates of 57,832 mt (2021–
2022) and 45,925 mt (2022–2023). The
biomass estimates are the result of a
catch-only stock assessment the NMFS
SWFSC completed in June 2021. The
Council’s SSC and the Council
approved this stock assessment and
resulting biomass estimates as the best
scientific information available for
management at the June 2021 Council
meeting.
Under this proposed action, in the
unlikely event that catch reaches the
ACT in either fishing season, directed
fishing would close, reserving the
difference between the HG and ACT
(1,000 mt) as a set-aside for incidental
landings in other fisheries and other
sources of mortality.1 For the remainder
of the fishing season, incidental
landings in CPS fisheries would be
constrained to a 45-percent incidental
catch allowance (in other words, no
more than 45 percent by weight of the
CPS landed per trip may be Pacific
mackerel); and in non-CPS fisheries, up
to 3 mt of Pacific mackerel may be
landed incidentally per fishing trip. The
incidental set-aside is intended to allow
continued operation of fisheries for
other stocks, particularly other CPS
stocks that may school with Pacific
mackerel.
The NMFS West Coast Regional
Administrator will publish a notice in
the Federal Register announcing the
date of any closure of directed fishing
(when harvest levels reach or exceed the
ACT). Additionally, to ensure the
regulated community is informed of any
closure, NMFS will also make
announcements through other means
available, including email to fishermen,
processors, and state fishery
management agencies.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
1 Directed fishing for live bait and minor directed
fishing is allowed to continue during a closure of
the directed fishery.
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that this proposed rule is consistent
with the CPS FMP, other provisions of
the Magnuson-Stevens Act, and other
applicable law, subject to further
consideration after public comment.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration that this
proposed rule, if adopted, would not
have a significant economic impact on
a substantial number of small entities,
for the following reasons:
For Regulatory Flexibility Act (RFA)
purposes only, NMFS has established a
small business size standard for
businesses, including their affiliates,
whose primary industry is commercial
fishing (see 50 CFR 200.2). A business
primarily engaged in commercial fishing
(NAICS code 11411) is classified as a
small business if it is independently
owned and operated, is not dominant in
its field of operation (including its
affiliates), and has combined annual
receipts not in excess of $11 million for
all its affiliated operations worldwide.
The small entities that would be
affected by the proposed action are
those vessels that harvest Pacific
mackerel as part of the West Coast
Coastal Pelagic Species (CPS) purse
seine fleet and are all considered small
businesses under the above size
standards.
The CPS Fishery Management Plan
(FMP) and its implementing regulations
requires the National Marine Fisheries
Service (NMFS) to set an overfishing
limit (OFL), acceptable biological catch
(ABC), annual catch limit (ACL), harvest
guidelines (HG) and annual catch target
(ACT) for the Pacific mackerel fishery
based on the harvest control rules in the
FMP. These specific harvest control
rules are applied to the current stock
biomass estimate to derive these catch
specifications, which are used to
manage the commercial take of Pacific
mackerel. A component of these control
rules is that as the estimated biomass
decreases or increases from one year to
the next, so do the applicable quotas.
Pacific mackerel harvest is one
component of CPS fisheries off the U.S.
West Coast, which also includes the
fisheries for Pacific sardine, northern
anchovy and market squid. Pacific
mackerel are principally caught off
southern California within the limited
entry portion (south of 39 degrees N
latitude; Point Arena, California) of the
fishery. Currently there are 53 vessels
permitted in the Federal CPS limited
entry fishery off California. The average
annual per vessel revenue in 2020 for
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vessels that landed Pacific mackerel was
well below the threshold level of $11
million; 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.
NMFS used the ex-vessel revenue
information for a profitability analysis,
as the cost data for the harvesting
operations of CPS finfish vessels was
limited or unavailable. For the 2019–
2020 fishing year, the HG was 11,109 mt
with an ACT of 10,109 mt and an
incidental set-aside of 1,000 mt.
Approximately 3,840 mt of Pacific
mackerel were harvested in the 2019–
2020 fishing year with an estimated exvessel value of approximately
$1,299,153.
The HG for the 2021–2022 Pacific
mackerel fishing season is 8,323 mt,
with an ACT of 7,323 mt and an
incidental set-aside of 1,000 mt. The HG
for the 2022–2023 Pacific mackerel
fishing season is 5,822 mt with an ACT
of 4,822 mt and an incidental set-aside
of 1,000 mt. The proposed ACTs for
these fishing years are lower than the
prior two fishing years (i.e., 10,109 mt
for 2019–2020 and 6,950 mt for 2020–
2021). However, Pacific mackerel
landings in the U.S. over the last ten
management seasons (2009–2010
through 2019–2020) have averaged only
about 3,790 mt. Therefore it is highly
unlikely that the ACTs proposed in this
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rule will limit the potential profitability
to the fleet from catching Pacific
mackerel compared to last season or
recent catch levels. Accordingly, vessel
income from fishing is not expected to
be altered as a result of this rule as it
compares to recent catches in the
fishery, including under the previous
season’s regulations.
Based on the disproportionality and
profitability analysis above, the
proposed action, if adopted, will not
have adverse or disproportional
economic impact on these small
business entities. As a result, an Initial
Regulatory Flexibility Analysis is not
required, and none has been prepared.
This action does not contain a
collection-of-information requirement
for purposes of the Paperwork
Reduction Act. There are no relevant
Federal rules that may duplicate,
overlap, or conflict with the proposed
action.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Reporting and
recordkeeping requirements.
Dated: August 26, 2021.
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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48971
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 § 660.511, revise paragraphs (i)
and (j) to read as follows:
■
§ 660.511
Catch restrictions.
*
*
*
*
*
(i) The following harvest
specifications apply for Pacific
mackerel:
(1) For the Pacific mackerel fishing
season July 1, 2021, through June 30,
2022, the harvest guideline is 8,323 mt
and the ACT is 7,323 mt; and
(2) For the Pacific mackerel fishing
season July 1, 2022, through June 30,
2023, the harvest guideline is 5,822 mt
and the ACT of 4,822 mt.
(j) When an ACT in paragraph (i) of
this section has been reached or
exceeded, then for the remainder of the
Pacific mackerel fishing season, Pacific
mackerel may not be targeted and
landings of Pacific mackerel may not
exceed: 45 percent of landings when
Pacific mackerel are landed in CPS
fisheries (in other words, no more than
45 percent by weight of the CPS landed
per trip may be Pacific mackerel), or up
to 3 mt of Pacific mackerel when landed
in non-CPS fisheries. The Regional
Administer shall announce in the
Federal Register the date that an ACT
is reached or exceeded, and the date and
time that the restrictions described in
this paragraph go into effect.
*
*
*
*
*
[FR Doc. 2021–18851 Filed 8–31–21; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 86, Number 167 (Wednesday, September 1, 2021)]
[Proposed Rules]
[Pages 48969-48971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18851]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 210826-0168]
RIN 0648-BK56
Fisheries Off West Coast States; Coastal Pelagic Species
Fisheries; Biennial Specifications; 2021-2022 and 2022-2023
Specifications for Pacific Mackerel
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes to implement allowable catch levels, an
overfishing limit, an allowable biological catch, and an annual catch
limit for Pacific mackerel in the U.S. exclusive economic zone off the
West Coast (California, Oregon and Washington) for the fishing seasons
2021-2022 and 2022-2023. This proposed rule is pursuant to the Coastal
Pelagic Species Fishery Management Plan. The proposed harvest guideline
and annual catch target for the 2021-2022 fishing season are 8,323
metric tons (mt) and 7,323 mt, respectively. The proposed harvest
guideline and annual catch target for the 2022-2023 fishing season are
5,822 mt and 4,822 mt, respectively. If the fishery attains the annual
catch target in either fishing season, the directed fishery will close,
reserving the 1,000-mt difference between the harvest guideline and
annual catch target as a set-aside for incidental landings in other
Coastal Pelagic Species fisheries and other sources of mortality. This
document is intended to conserve and manage the Pacific mackerel stock
off the U.S. West Coast.
DATES: Comments must be received by October 1, 2021.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2021-0066, by any of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov
and enter NOAA-NMFS-2021-0066 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: Under the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801
et seq., NMFS manages the Pacific mackerel fishery in the U.S.
exclusive economic zone (EEZ) off the West Coast in accordance with the
Coastal Pelagic Species (CPS) Fishery Management Plan (FMP). The CPS
FMP and its implementing regulations require NMFS to set annual harvest
specifications for the Pacific mackerel fishery based on the annual
specification framework and control rules in the FMP. The Pacific
mackerel fishing season runs from July 1 to June 30. The purpose of
this proposed rule is to implement these harvest specifications, which
include allowable harvest levels (i.e., annual catch target (ACT) and
harvest guideline (HG)), an annual catch limit (ACL), and annual catch
reference points (i.e., overfishing limit (OFL) and acceptable
biological catch (ABC)). The uncertainty surrounding the current
biomass estimates for Pacific mackerel for the 2021-2022 and 2022-2023
fishing seasons was taken into consideration in the development of
these harvest specifications. Any Pacific mackerel harvested between
July 1, 2021, and the effective date of the final rule would count
toward the 2021-2022 ACT and HG.
During public meetings each year, the NMFS Southwest Fisheries
Science Center (SWFSC) presents biomass estimates for Pacific mackerel
to the Pacific Fishery Management Council's (Council) CPS Management
Team (CPSMT), the Council's CPS Advisory Subpanel (CPSAS) and the
Council's Scientific and Statistical Committee
[[Page 48970]]
(SSC), and the biomass estimates and the status of the fisheries are
reviewed and discussed. The CPSMT, CPSAS, and SSC then provide
recommendations and comments to the Council regarding the calculated
OFL, ABC, ACL, HG and ACT. Following Council review and after hearing
public comment, the Council adopts biomass estimates and makes its
harvest specification recommendations to NMFS. Biennial specifications
published in the Federal Register establish these allowable harvest
levels (i.e., ACT/HG) as well as OFL, ABC, and ACL for the upcoming two
Pacific mackerel fishing seasons.
The control rules in the CPS FMP include the HG control rule,
which, in conjunction with the OFL and ABC rules, are used to manage
Pacific mackerel. According to the FMP, the quota for the principal
commercial fishery, the HG, is determined using the FMP-specified HG
formula. The HG is based, in large part, on the estimate of stock
biomass for the fishing year. The biomass estimate is an explicit part
of the various harvest control rules for Pacific mackerel, and as the
estimated biomass decreases or increases from one year to the next, the
resulting allowable catch levels similarly trend. The harvest control
rule in the CPS FMP is HG = [(Biomass-Cutoff) * Fraction *
Distribution] with the parameters described as follows:
1. Biomass. The estimated stock biomass of Pacific mackerel for the
2021-2022 management season is 57,832 metric tons (mt). The estimated
stock biomass of Pacific mackerel for the 2022-2023 management season
is 45,925 mt.
2. Cutoff. This is the biomass level below which no commercial
fishery is allowed. The FMP established this level at 18,200 mt.
3. Fraction. The harvest fraction is the percentage of the biomass
above 18,200 mt that may be harvested. This is set in the FMP at 30
percent.
4. Distribution. Pacific mackerel range from Mexico to Alaska and
regularly migrate between Mexico and the U.S. West Coast. Because some
of the Pacific mackerel stock exists outside of U.S. waters, the
Distribution parameter is used to estimate the proportion of the total
biomass in U.S. waters and to calculate U.S. catch limits. The average
portion of the total Pacific mackerel biomass estimated in the West
Coast U.S. EEZ is set in the FMP at 70 percent. The 70 percent
distribution estimate is based on the average historical larval
distribution obtained from scientific cruises and the distribution of
the resource according to the logbooks of aerial fish-spotters.
The Council has recommended, and NMFS is proposing, Pacific
mackerel harvest specifications for both the 2021-2022 and 2022-2023
fishing seasons. For the 2021-2022 Pacific mackerel fishing season
these include an OFL of 12,145 mt, an ABC and ACL of 9,446 mt, a HG of
8,323 mt, and an annual ACT of 7,323 mt. For the 2022-2023 Pacific
mackerel fishing season these include an OFL of 9,644 mt, and ABC and
ACL of 7,501 mt, a HG of 5,822 mt, and an ACT of 4,822 mt. These catch
specifications are based on the control rules established in the CPS
FMP and biomass estimates of 57,832 mt (2021-2022) and 45,925 mt (2022-
2023). The biomass estimates are the result of a catch-only stock
assessment the NMFS SWFSC completed in June 2021. The Council's SSC and
the Council approved this stock assessment and resulting biomass
estimates as the best scientific information available for management
at the June 2021 Council meeting.
Under this proposed action, in the unlikely event that catch
reaches the ACT in either fishing season, directed fishing would close,
reserving the difference between the HG and ACT (1,000 mt) as a set-
aside for incidental landings in other fisheries and other sources of
mortality.\1\ For the remainder of the fishing season, incidental
landings in CPS fisheries would be constrained to a 45-percent
incidental catch allowance (in other words, no more than 45 percent by
weight of the CPS landed per trip may be Pacific mackerel); and in non-
CPS fisheries, up to 3 mt of Pacific mackerel may be landed
incidentally per fishing trip. The incidental set-aside is intended to
allow continued operation of fisheries for other stocks, particularly
other CPS stocks that may school with Pacific mackerel.
---------------------------------------------------------------------------
\1\ Directed fishing for live bait and minor directed fishing is
allowed to continue during a closure of the directed fishery.
---------------------------------------------------------------------------
The NMFS West Coast Regional Administrator will publish a notice in
the Federal Register announcing the date of any closure of directed
fishing (when harvest levels reach or exceed the ACT). Additionally, to
ensure the regulated community is informed of any closure, NMFS will
also make announcements through other means available, including email
to fishermen, processors, and state fishery management agencies.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with the CPS FMP, other provisions of the Magnuson-Stevens
Act, and other applicable law, subject to further consideration after
public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities,
for the following reasons:
For Regulatory Flexibility Act (RFA) purposes only, NMFS has
established a small business size standard for businesses, including
their affiliates, whose primary industry is commercial fishing (see 50
CFR 200.2). A business primarily engaged in commercial fishing (NAICS
code 11411) is classified as a small business if it is independently
owned and operated, is not dominant in its field of operation
(including its affiliates), and has combined annual receipts not in
excess of $11 million for all its affiliated operations worldwide. The
small entities that would be affected by the proposed action are those
vessels that harvest Pacific mackerel as part of the West Coast Coastal
Pelagic Species (CPS) purse seine fleet and are all considered small
businesses under the above size standards.
The CPS Fishery Management Plan (FMP) and its implementing
regulations requires the National Marine Fisheries Service (NMFS) to
set an overfishing limit (OFL), acceptable biological catch (ABC),
annual catch limit (ACL), harvest guidelines (HG) and annual catch
target (ACT) for the Pacific mackerel fishery based on the harvest
control rules in the FMP. These specific harvest control rules are
applied to the current stock biomass estimate to derive these catch
specifications, which are used to manage the commercial take of Pacific
mackerel. A component of these control rules is that as the estimated
biomass decreases or increases from one year to the next, so do the
applicable quotas.
Pacific mackerel harvest is one component of CPS fisheries off the
U.S. West Coast, which also includes the fisheries for Pacific sardine,
northern anchovy and market squid. Pacific mackerel are principally
caught off southern California within the limited entry portion (south
of 39 degrees N latitude; Point Arena, California) of the fishery.
Currently there are 53 vessels permitted in the Federal CPS limited
entry fishery off California. The average annual per vessel revenue in
2020 for
[[Page 48971]]
vessels that landed Pacific mackerel was well below the threshold level
of $11 million; 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.
NMFS used the ex-vessel revenue information for a profitability
analysis, as the cost data for the harvesting operations of CPS finfish
vessels was limited or unavailable. For the 2019-2020 fishing year, the
HG was 11,109 mt with an ACT of 10,109 mt and an incidental set-aside
of 1,000 mt. Approximately 3,840 mt of Pacific mackerel were harvested
in the 2019-2020 fishing year with an estimated ex-vessel value of
approximately $1,299,153.
The HG for the 2021-2022 Pacific mackerel fishing season is 8,323
mt, with an ACT of 7,323 mt and an incidental set-aside of 1,000 mt.
The HG for the 2022-2023 Pacific mackerel fishing season is 5,822 mt
with an ACT of 4,822 mt and an incidental set-aside of 1,000 mt. The
proposed ACTs for these fishing years are lower than the prior two
fishing years (i.e., 10,109 mt for 2019-2020 and 6,950 mt for 2020-
2021). However, Pacific mackerel landings in the U.S. over the last ten
management seasons (2009-2010 through 2019-2020) have averaged only
about 3,790 mt. Therefore it is highly unlikely that the ACTs proposed
in this rule will limit the potential profitability to the fleet from
catching Pacific mackerel compared to last season or recent catch
levels. Accordingly, vessel income from fishing is not expected to be
altered as a result of this rule as it compares to recent catches in
the fishery, including under the previous season's regulations.
Based on the disproportionality and profitability analysis above,
the proposed action, if adopted, will not have adverse or
disproportional economic impact on these small business entities. As a
result, an Initial Regulatory Flexibility Analysis is not required, and
none has been prepared.
This action does not contain a collection-of-information
requirement for purposes of the Paperwork Reduction Act. There are no
relevant Federal rules that may duplicate, overlap, or conflict with
the proposed action.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: August 26, 2021.
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. 660.511, revise paragraphs (i) and (j) to read as follows:
Sec. 660.511 Catch restrictions.
* * * * *
(i) The following harvest specifications apply for Pacific
mackerel:
(1) For the Pacific mackerel fishing season July 1, 2021, through
June 30, 2022, the harvest guideline is 8,323 mt and the ACT is 7,323
mt; and
(2) For the Pacific mackerel fishing season July 1, 2022, through
June 30, 2023, the harvest guideline is 5,822 mt and the ACT of 4,822
mt.
(j) When an ACT in paragraph (i) of this section has been reached
or exceeded, then for the remainder of the Pacific mackerel fishing
season, Pacific mackerel may not be targeted and landings of Pacific
mackerel may not exceed: 45 percent of landings when Pacific mackerel
are landed in CPS fisheries (in other words, no more than 45 percent by
weight of the CPS landed per trip may be Pacific mackerel), or up to 3
mt of Pacific mackerel when landed in non-CPS fisheries. The Regional
Administer shall announce in the Federal Register the date that an ACT
is reached or exceeded, and the date and time that the restrictions
described in this paragraph go into effect.
* * * * *
[FR Doc. 2021-18851 Filed 8-31-21; 8:45 am]
BILLING CODE 3510-22-P
