Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications; 2024-2025 Annual Specifications and Management Measures for Pacific Sardine, 52005-52009 [2024-13530]

Download as PDF Federal Register / Vol. 89, No. 120 / Friday, June 21, 2024 / Proposed Rules DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 240614–0162; RTID 0648– XD848] Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications; 2024–2025 Annual Specifications and Management Measures for Pacific Sardine National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. AGENCY: 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, 2024 through June 30, 2025. This proposed rule would prohibit most directed commercial fishing for Pacific sardine off the coasts of Washington, Oregon, and California. Pacific sardine harvest would be allowed only for use as live bait, in minor directed fisheries, as incidental catch in other fisheries, or as authorized under exempted fishing permits. The proposed harvest specifications for 2024–2025 include an overfishing limit of 8,312 metric tons (mt), an annual catch limit of 6,005 mt, and an annual catch target of 5,500 mt. This proposed rule is intended to conserve, manage, and rebuild the Pacific sardine stock off the coasts of Washington, Oregon, and California. DATES: Comments must be received by July 8, 2024. ADDRESSES: A plain language summary of this rule is available at https:// www.regulations.gov/docket/NOAANMFS-2024-0040. You may submit comments on this document, identified by NOAA–NMFS–2024–0040, 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–2024–0040 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 ddrumheller on DSK120RN23PROD with PROPOSALS1 SUMMARY: VerDate Sep<11>2014 16:31 Jun 20, 2024 Jkt 262001 and will generally be posted for public viewing on https://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: Katie Davis, West Coast Region, NMFS, (323) 372–2126, Katie.Davis@noaa.gov. SUPPLEMENTARY INFORMATION: NMFS manages the Pacific sardine fishery in the U.S. exclusive economic zone (EEZ) off the Pacific coast (i.e., off the U.S. west coast states of California, Oregon, and Washington) in accordance with the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP). The CPS FMP and its implementing regulations require NMFS to set annual reference points and management measures 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) control rules in the FMP, are used to set required reference points, in accordance with the Magnuson-Stevens Fishery Conservation and Management Act (MSA) (16 U.S.C. 1801 et seq.). Additionally, the CPS FMP requires management measures for the Pacific sardine fishery, such as catch restrictions, in the Pacific sardine rebuilding plan implemented by Amendment 18 to the CPS FMP (86 FR 33142, June 24, 2021). The NMFS Southwest Fisheries Science Center (SWFSC) conducts annual stock assessments for Pacific sardine, alternating between benchmark assessments in 1 year and update assessments the following 2 years. Benchmark assessments are evaluated by a stock assessment review (STAR) panel, which provides a report to the Pacific Fishery Management Council (Council) documenting its findings on the technical merits. During public meetings each year, the Council, including the Council’s CPS Management Team (Team), CPS Advisory Subpanel (Subpanel), and Scientific and Statistical Committee (SSC), review the estimated biomass and the status of the fishery in these stock assessments, and recommend applicable reference points, catch limits, and management measures. Following Council review and public comment, the Council recommends these harvest PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 52005 specifications and management measures and any in-season accountability measures to NMFS, who then reviews the Council’s recommendations to ensure they are consistent with the CPS FMP and all applicable laws. Following that review, NMFS publishes annual specifications in the Federal Register to establish annual reference points (e.g., the OFL, ABC, and annual catch limit (ACL)) and management measures for each Pacific sardine fishing year. The OFL is an annual catch amount that corresponds to the estimate of (annual) fishing mortality corresponding to maximum sustainable yield (MSY). The ABC is set below the OFL and is a reference point that incorporates a scientific uncertainty buffer against overfishing. For Pacific sardine, the ABC is based on a percentage reduction (BUFFER) of the OFL as determined by an SSC evaluation of scientific uncertainty (sigma s) and the Council’s risk policy (P*). In cases where the SSC quantifies scientific uncertainty (sigma, s) associated with estimating an OFL, the percentage reduction that defines the ABC buffer can be determined by translating the estimated s to a range of probability of overfishing (P*) values. The CPS FMP control rules, as they apply to annual reference points, use the following formulas: OFL = Biomass * EMSY * DISTRIBUTION ABC = Biomass * BUFFER * EMSY * DISTRIBUTION Biomass. The estimated stock biomass of Pacific sardine ages 1 and older, in metric tons. EMSY. The exploitation rate for deterministic equilibrium maximum sustainable yield. Since 2014, the SSC has used a temperature-recruitment relationship based on a running 3-year average of the California Cooperative Oceanic Fisheries Investigations (CalCOFI) temperature index to calculate an EMSY for Pacific sardine. DISTRIBUTION. The average portion of the Pacific sardine biomass estimated to be in the U.S. EEZ off the Pacific coast. DISTRIBUTION is currently defined in the CPS FMP as 87 percent and is based on the average historical larval distribution obtained from scientific cruises and the distribution of the resource according to the logbooks of aerial fish-spotters. BUFFER. The percentage reduction of the OFL as determined by the SSC’s evaluation of scientific uncertainty (sigma) and the Council’s risk policy (P*). During the 2019–2020 fishing year, the estimated biomass of Pacific sardine E:\FR\FM\21JNP1.SGM 21JNP1 52006 Federal Register / Vol. 89, No. 120 / Friday, June 21, 2024 / Proposed Rules dropped below its 50,000-mt minimum stock size threshold (MSST), which triggered an overfished determination process. NMFS declared the stock overfished on June 26, 2019, and notified the Council of this determination on July 9, 2019. A rebuilding plan for Pacific sardine was finalized on June 24, 2021 (86 FR 33142). The rebuilding plan (Amendment 18 to the CPS FMP) stipulates that reference points (i.e., the OFL, ABC, and ACL) are to continue to be set annually based on annual stock assessments, the control rules in the FMP, and best scientific information available recommendations from the Council’s SSC. The rebuilding plan also includes the following management measures that restrict harvest: (1) prohibition of the primary directed fishery when the biomass is at or below 150,000 mt; (2) automatic reduction in incidental allowances in other CPS fisheries to no more than 20 percent by weight when the biomass is at or below 50,000 mt; and (3) other accountability measures the Council may recommend. Proposed Reference Points and Management Measures At the Council’s April 2024 meeting, the Council’s SSC reviewed a STAR panel report on the SWFSC’s 2024 benchmark stock assessment, as well as the assessment itself, titled ‘‘Assessment of the Pacific sardine resource (Sardinops sagax) in 2024 for U.S. management in 2024–2025,’’ and concluded that the 2024 benchmark assessment for Pacific sardine is the best scientific information available for the management of Pacific sardine. During their review, the SSC noted major improvements from the 2020 benchmark assessment, including an updated habitat model for assigning fishery catch and survey biomass to the northern and southern subpopulations of sardine. However, the SSC applied a category 2d sigma, instead of a category 1, as some past full assessments have been categorized. The result of a category 2d sigma determination compared to a category 1 is that it equates to a larger scientific uncertainty buffer, and therefore a lower ABC. During the discussion of the appropriate category, the SSC discussed potential uncertainty in the relationship between sardine productivity and ocean temperatures used to calculate EMSY as well as uncertainty in the strength of the 2023 year-class represented in the stock assessment. Based on the 2024 benchmark stock assessment, the associated estimated age 1+ biomass of 58,614 mt, and the control rule formulas in the FMP, NMFS is proposing, as the Council recommended, an OFL of 8,312 mt, an ABC of 6,005 mt, and an ACL of 6,005 mt. The proposed OFL and ABC were based on the control rules in the FMP and on recommendations from the Council’s SSC and their determination of best scientific information available for calculating the OFL and recommended precautionary buffer for the ABC. According to the CPS 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, the lowest level of estimated biomass at which directed harvest is allowed (i.e., 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. Because the biomass estimate used this year (i.e., 58,614 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 2024–2025 fishing season. As noted previously, the rebuilding plan also includes a prohibition of the primary directed fishery when the biomass is at or below 150,000 mt. This is the 10th consecutive year that the primary directed fishery is closed. Pacific sardine catch during the 2024– 2025 fishing season is therefore prohibited unless it is harvested as part of the live bait, Tribal ,1 or minor directed fisheries, as incidental catch in other fisheries, or as part of exempted fishing permit (EFP) activities. For these types of harvests, NMFS is proposing, as the Council recommended, an annual catch target (ACT) of 5,500 mt for the 2024–2025 fishing year. TABLE 1—OVERFISHING LIMIT (OFL), ACCEPTABLE BIOLOGICAL CATCH (ABC), HARVEST GUIDELINE (HG), AND ANNUAL CATCH LIMIT (ACL) CALCULATIONS AS ESTABLISHED UNDER AMENDMENT 13 TO THE CPS FMP Harvest specification and formula parameters Value BIOMASS (ages 1+, mt) ...................................................................................................................................................................... BUFFER Pstar (Category 2) ................................................................................................................................................................. Calculated EMSY .................................................................................................................................................................................. DISTRIBUTION (U.S.) ......................................................................................................................................................................... 2024–2025 Pacific sardine annual specifications Metric tons ddrumheller on DSK120RN23PROD with PROPOSALS1 OFL = BIOMASS * EMSY * DISTRIBUTION ........................................................................................................................................ ABC = BIOMASS * BUFFER0.40 * EMSY * DISTRIBUTION ................................................................................................................ HG ........................................................................................................................................................................................................ ACL = ABC .......................................................................................................................................................................................... ACT ...................................................................................................................................................................................................... The proposed annual harvest limits and management measures were developed in the context of NMFS’ July 2019 declaration that the Pacific sardine stock was overfished and June 2021 approval of a rebuilding plan for the stock. The following are the additional proposed management measures and inseason accountability measures for the 2024–2025 Pacific sardine fishing year: (1) If landings in the live bait fishery reach 3,000 mt of Pacific sardine, then 16:31 Jun 20, 2024 Jkt 262001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 8,312 6,005 0 6,005 5,500 a per-trip limit of 1 mt of Pacific sardine would apply to the live bait fishery; (2) An incidental per-landing limit of 30 percent (by weight) of Pacific sardine applies to other CPS primary directed fisheries (e.g., Pacific mackerel); 1 For the 2024–2025 fishing year, the Quinault Indian Nation has not requested a Tribal set-aside, and therefore none is proposed. VerDate Sep<11>2014 58,614 0.7224 0.163 0.87 E:\FR\FM\21JNP1.SGM 21JNP1 Federal Register / Vol. 89, No. 120 / Friday, June 21, 2024 / Proposed Rules (3) If the ACT of 5,500 mt is attained, then a per-trip limit of 1 mt of Pacific sardine would apply to all CPS fisheries (i.e., (1) and (2) would no longer apply); and (4) An incidental per-landing allowance of 2 mt of Pacific sardine would apply to non-CPS fisheries until the ACL is reached. In addition to the management measures and in-season accountability measures listed in the previous paragraphs, Pacific sardine catch in the minor directed fishery for finfish remains limited to 1 mt per trip per day, and 1 trip per day by any vessel, per regulations at 50 CFR 660.511(d)(2). At the April 2024 meeting, the Council also recommended that NMFS approve two EFP proposals requesting an exemption from the prohibition to directly harvest sardine during their discussion of sardine management measures. Those EFP proposals include a total amount of up to 670 mt, and will be reviewed and potentially approved by NMFS through a separate process. All sources of catch including any fishing occurring as part of an EFP, the live bait fishery, and other minimal sources of harvest, such as incidental catch in CPS and non-CPS fisheries and minor directed fishing, would be accounted for against the ACT and ACL. The NMFS West Coast Regional Administrator would 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 or trip limits. 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. ddrumheller on DSK120RN23PROD with PROPOSALS1 Court Order in Oceana, Inc., v. Raimondo, et al. On April 22, 2024, shortly before NMFS finalized this proposed rule, the U.S. District Court for the Northern District of California (the Court) issued an order in Oceana, Inc., v. Raimondo, et al., No. 5:21–cv–05407–VKD (N.D. Cal., filed July 14, 2021), a case that challenged NMFS’ approval of Amendment 18 to the CPS FMP (i.e., the sardine rebuilding plan) and the June 23, 2023 final rule that set harvest specifications and management measures for the 2023–2024 sardine fishing year (88 FR 41040) (2023 Final Rule). In that order, the Court found that some aspects of Amendment 18 and the 2023 Final Rule violate the MSA and VerDate Sep<11>2014 16:31 Jun 20, 2024 Jkt 262001 remanded them to NMFS. Specifically, the Court found that NMFS’ reliance on the temperature-recruitment relationship based on the 3-year running average CalCOFI temperature index was not supported by the administrative record. The Court did not, however, vacate Amendment 18 or the 2023 Final Rule. The Court also did not issue an order on remedy, and instead ordered the parties to submit proposals regarding what further proceedings are necessary to identify an appropriate remedy. As of this writing, remedy proceedings are ongoing. Because the 2023 Final Rule set harvest specifications and management measures that end on June 30, 2024, NMFS must publish new specifications and management measures by July 1, 2024 to avoid a lapse in regulations governing the fishery. Without specifications and management measures in place, the Pacific sardine fishery would be unregulated. NMFS is therefore proposing harvest specifications and management measures for the upcoming fishing season as recommended by the Council. This proposed rule is consistent with the rebuilding plan, which is still effective, and it would maintain the status quo and ensure that management measures are in place to constrain catch during the 2024–2025 fishing season in furtherance of NMFS’ goal to conserve, manage, and rebuild the Pacific sardine population. In making a preliminary determination that the harvest specifications and management measures proposed in this action would prevent overfishing, rebuild the stock, and are supported by the best scientific information available, NMFS considered the recent order from the Court as well as ongoing discussions at the Council regarding EMSY. As they did the previous year, the SSC recommended revisiting the analysis and assumptions underlying an EMSY based on CalCOFI temperatures; however, they also recommended its use as best available science for setting the 2024–2025 OFL and ABC. The SSC discussed the uncertainty surrounding EMSY when considering their choice of the appropriate uncertainty buffer (sigma) for the ABC. NMFS has determined that the SSC appropriately accounted for any scientific uncertainty and gaps in scientific information used to calculate the recommended reference points through their recommendation of Category 2 sigma; which is a larger buffer than would have been associated with a Category 1 sigma. PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 52007 The calculated CalCOFI-based EMSY value for this year is 0.163 and represents the lowest EMSY in 10 years. The decline in EMSY this year compared to the last 3 years is the result of a high temperature record year in 2020 falling out of the running 3-year average temperature used to calculate EMSY. This effect was also observed between 2014 and 2017 when a very large marine heatwave off the Pacific coast caused unprecedented changes in the ocean environment, and the 2015 annual CalCOFI temperature was the highest in 40 years. This situation triggered the application of the maximum allowed EMSY value of 0.25, instead of the calculated EMSY, to prevent potentially excessive EMSY values. Although NMFS believes there is additional support for using a CalCOFIbased EMSY in setting this year’s specifications (as described in the previous paragraphs), to the extent the use of CalCOFI is precluded this year because of the Court’s order, NMFS considered alternatives to using the CalCOFI-based EMSY. Currently, no other analysis is known of relationships between Pacific sardine recruitment and an environmental variable on which to base EMSY; however, past analyses have calculated a static EMSY of 0.18 when the effects of temperature on productivity are ignored. NMFS considers this static EMSY of 0.18 as the only available alternative for setting Pacific sardine specifications without the use of the CalCOFI temperature index. However, the Council’s recommended EMSY of 0.163 is a lower and therefore more conservative value than the static EMSY. Therefore, even if the use of a CalCOFI-based EMSY is precluded this year, NMFS believes it is still appropriate to use the lower, more conservative EMSY of 0.163 for this year’s specifications on a stock that is rebuilding while the methodology for determining EMSY is under review. Additionally, although this action proposes an ACL equal to the ABC at 6,005 mt, as envisioned by the FMP, NMFS has preliminarily determined that as a result of the closure of the directed fishery and additional management measures, landings of the northern subpopulation of Pacific sardine will remain very low and are unlikely to exceed 2,200 mt, similar to what has occurred over the last 3 full fishing years (see table 2). E:\FR\FM\21JNP1.SGM 21JNP1 52008 Federal Register / Vol. 89, No. 120 / Friday, June 21, 2024 / Proposed Rules TABLE 2—LANDINGS OF NORTHERN AND SOUTHERN SUBPOPULATIONS OF PACIFIC SARDINE (2020–2023), IN METRIC TONS (mt) Fishing year 2020–2021 ACL .............................................................................................................................................. Total Landings of northern and southern subpopulation ............................................................ Landings of northern subpopulation ............................................................................................ ddrumheller on DSK120RN23PROD with PROPOSALS1 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. NMFS finds that a 15-day comment period for this action provides a reasonable opportunity for public participation in this action pursuant to Administrative Procedure Act section 553(c) (5 U.S.C. 553(c)), while also ensuring that the final specifications are in place for the start of the Pacific sardine fishing year on July 1, 2024. Annual harvest specifications and management measures for Pacific sardine are based on an annual stock assessment, which is usually finalized in early Spring and reviewed by the Council and its advisory bodies during the Council’s regularly-scheduled meeting in April. NMFS received the recommendations from the Council that form the basis for this rule following the Council’s April 2024 meeting. The Council provided an opportunity for public comment at that meeting, as it does every year before adopting the recommended harvest specifications and management measures for the proceeding fishing year. 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, and in accordance with management measures required by the Pacific sardine rebuilding plan, which has been in place since 2021. A prolonged comment period and subsequent potential delay in implementation past the start of the 2024 fishing year would be contrary to the public interest, as it could create confusion in the Pacific sardine industry around current specifications and management measures. Such a delay would effectively open the fishery without the restrictions necessary to manage harvest rates in compliance with the Pacific sardine rebuilding plan. This proposed rule is exempt from review under Executive Order 12866 because it is a routine rule that would VerDate Sep<11>2014 16:31 Jun 20, 2024 Jkt 262001 implement regulations for less than 1 year. 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 reasons provided below. 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 (North American Industry Classification System (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 purpose of this proposed rule is to conserve and rebuild the Pacific sardine stock by preventing overfishing, while still allowing limited harvest opportunity among differing fishery sectors. This will be accomplished by implementing the 2024–2025 annual specifications for Pacific sardine in the U.S. EEZ off the Pacific coast. The small entities that would be affected by the proposed action are the vessels that would be expected to participate in the primary directed Pacific sardine fishery as part of the Pacific coast CPS small purse seine fleet. In 2014 (i.e., 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, with that total comprising 58 vessels in the Federal CPS limited entry fishery off California (south of lat. 39° N) and a combined 23 vessels in Oregon and Washington’s State Pacific sardine fisheries. NMFS PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 4,288 2,276 657 2021–2022 3,329 1,772 298 2022–2023 4,274 1,619 517 does 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, Hawai1i, 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 Pacific 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 2024. 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 annual catch target 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 principal commercial 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. Because there is again no directed fishing for the 2024–2025 fishing year, as has been the case for the last 10 years, this proposed rule will not change the potential profitability compared to the previous fishing year or years following the closure of the directed fishery. Additionally, the proposed 2024–2025 ACL is still expected to account for the various fishery sector needs (i.e., live bait, incidental catch in other CPS fisheries, EFPs, 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. E:\FR\FM\21JNP1.SGM 21JNP1 Federal Register / Vol. 89, No. 120 / Friday, June 21, 2024 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS1 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 the 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. VerDate Sep<11>2014 16:31 Jun 20, 2024 Jkt 262001 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 PO 00000 Frm 00022 Fmt 4702 Sfmt 9990 52009 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. Authority: 16 U.S.C. 1801 et seq. Dated: June 14, 2024. Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2024–13530 Filed 6–20–24; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\21JNP1.SGM 21JNP1

Agencies

[Federal Register Volume 89, Number 120 (Friday, June 21, 2024)]
[Proposed Rules]
[Pages 52005-52009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13530]



[[Page 52005]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 240614-0162; RTID 0648-XD848]


Fisheries Off West Coast States; Coastal Pelagic Species 
Fisheries; Annual Specifications; 2024-2025 Annual Specifications and 
Management Measures for Pacific Sardine

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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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, 2024 
through June 30, 2025. This proposed rule would prohibit most directed 
commercial fishing for Pacific sardine off the coasts of Washington, 
Oregon, and California. Pacific sardine harvest would be allowed only 
for use as live bait, in minor directed fisheries, as incidental catch 
in other fisheries, or as authorized under exempted fishing permits. 
The proposed harvest specifications for 2024-2025 include an 
overfishing limit of 8,312 metric tons (mt), an annual catch limit of 
6,005 mt, and an annual catch target of 5,500 mt. This proposed rule is 
intended to conserve, manage, and rebuild the Pacific sardine stock off 
the coasts of Washington, Oregon, and California.

DATES: Comments must be received by July 8, 2024.

ADDRESSES: A plain language summary of this rule is available at 
https://www.regulations.gov/docket/NOAA-NMFS-2024-0040. You may submit 
comments on this document, identified by NOAA-NMFS-2024-0040, 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-2024-0040 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 https://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: Katie Davis, West Coast Region, NMFS, 
(323) 372-2126, [email protected].

SUPPLEMENTARY INFORMATION: NMFS manages the Pacific sardine fishery in 
the U.S. exclusive economic zone (EEZ) off the Pacific coast (i.e., off 
the U.S. west coast states of California, Oregon, and Washington) in 
accordance with the Coastal Pelagic Species (CPS) Fishery Management 
Plan (FMP). The CPS FMP and its implementing regulations require NMFS 
to set annual reference points and management measures 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) control rules in the FMP, 
are used to set required reference points, in accordance with the 
Magnuson-Stevens Fishery Conservation and Management Act (MSA) (16 
U.S.C. 1801 et seq.). Additionally, the CPS FMP requires management 
measures for the Pacific sardine fishery, such as catch restrictions, 
in the Pacific sardine rebuilding plan implemented by Amendment 18 to 
the CPS FMP (86 FR 33142, June 24, 2021).
    The NMFS Southwest Fisheries Science Center (SWFSC) conducts annual 
stock assessments for Pacific sardine, alternating between benchmark 
assessments in 1 year and update assessments the following 2 years. 
Benchmark assessments are evaluated by a stock assessment review (STAR) 
panel, which provides a report to the Pacific Fishery Management 
Council (Council) documenting its findings on the technical merits. 
During public meetings each year, the Council, including the Council's 
CPS Management Team (Team), CPS Advisory Subpanel (Subpanel), and 
Scientific and Statistical Committee (SSC), review the estimated 
biomass and the status of the fishery in these stock assessments, and 
recommend applicable reference points, catch limits, and management 
measures. Following Council review and public comment, the Council 
recommends these harvest specifications and management measures and any 
in-season accountability measures to NMFS, who then reviews the 
Council's recommendations to ensure they are consistent with the CPS 
FMP and all applicable laws. Following that review, NMFS publishes 
annual specifications in the Federal Register to establish annual 
reference points (e.g., the OFL, ABC, and annual catch limit (ACL)) and 
management measures for each Pacific sardine fishing year. The OFL is 
an annual catch amount that corresponds to the estimate of (annual) 
fishing mortality corresponding to maximum sustainable yield (MSY). The 
ABC is set below the OFL and is a reference point that incorporates a 
scientific uncertainty buffer against overfishing. For Pacific sardine, 
the ABC is based on a percentage reduction (BUFFER) of the OFL as 
determined by an SSC evaluation of scientific uncertainty (sigma 
[sigma]) and the Council's risk policy (P*). In cases where the SSC 
quantifies scientific uncertainty (sigma, [sigma]) associated with 
estimating an OFL, the percentage reduction that defines the ABC buffer 
can be determined by translating the estimated [sigma] to a range of 
probability of overfishing (P*) values.
    The CPS FMP control rules, as they apply to annual reference 
points, use the following formulas:

OFL = Biomass * EMSY * DISTRIBUTION
ABC = Biomass * BUFFER * EMSY * DISTRIBUTION

    Biomass. The estimated stock biomass of Pacific sardine ages 1 and 
older, in metric tons.
    EMSY. The exploitation rate for deterministic 
equilibrium maximum sustainable yield. Since 2014, the SSC has used a 
temperature-recruitment relationship based on a running 3-year average 
of the California Cooperative Oceanic Fisheries Investigations 
(CalCOFI) temperature index to calculate an EMSY for Pacific 
sardine.
    DISTRIBUTION. The average portion of the Pacific sardine biomass 
estimated to be in the U.S. EEZ off the Pacific coast. DISTRIBUTION is 
currently defined in the CPS FMP as 87 percent and is based on the 
average historical larval distribution obtained from scientific cruises 
and the distribution of the resource according to the logbooks of 
aerial fish-spotters.
    BUFFER. The percentage reduction of the OFL as determined by the 
SSC's evaluation of scientific uncertainty (sigma) and the Council's 
risk policy (P*).
    During the 2019-2020 fishing year, the estimated biomass of Pacific 
sardine

[[Page 52006]]

dropped below its 50,000-mt minimum stock size threshold (MSST), which 
triggered an overfished determination process. NMFS declared the stock 
overfished on June 26, 2019, and notified the Council of this 
determination on July 9, 2019. A rebuilding plan for Pacific sardine 
was finalized on June 24, 2021 (86 FR 33142). The rebuilding plan 
(Amendment 18 to the CPS FMP) stipulates that reference points (i.e., 
the OFL, ABC, and ACL) are to continue to be set annually based on 
annual stock assessments, the control rules in the FMP, and best 
scientific information available recommendations from the Council's 
SSC. The rebuilding plan also includes the following management 
measures that restrict harvest: (1) prohibition of the primary directed 
fishery when the biomass is at or below 150,000 mt; (2) automatic 
reduction in incidental allowances in other CPS fisheries to no more 
than 20 percent by weight when the biomass is at or below 50,000 mt; 
and (3) other accountability measures the Council may recommend.

Proposed Reference Points and Management Measures

    At the Council's April 2024 meeting, the Council's SSC reviewed a 
STAR panel report on the SWFSC's 2024 benchmark stock assessment, as 
well as the assessment itself, titled ``Assessment of the Pacific 
sardine resource (Sardinops sagax) in 2024 for U.S. management in 2024-
2025,'' and concluded that the 2024 benchmark assessment for Pacific 
sardine is the best scientific information available for the management 
of Pacific sardine. During their review, the SSC noted major 
improvements from the 2020 benchmark assessment, including an updated 
habitat model for assigning fishery catch and survey biomass to the 
northern and southern subpopulations of sardine. However, the SSC 
applied a category 2d sigma, instead of a category 1, as some past full 
assessments have been categorized. The result of a category 2d sigma 
determination compared to a category 1 is that it equates to a larger 
scientific uncertainty buffer, and therefore a lower ABC. During the 
discussion of the appropriate category, the SSC discussed potential 
uncertainty in the relationship between sardine productivity and ocean 
temperatures used to calculate EMSY as well as uncertainty 
in the strength of the 2023 year-class represented in the stock 
assessment.
    Based on the 2024 benchmark stock assessment, the associated 
estimated age 1+ biomass of 58,614 mt, and the control rule formulas in 
the FMP, NMFS is proposing, as the Council recommended, an OFL of 8,312 
mt, an ABC of 6,005 mt, and an ACL of 6,005 mt. The proposed OFL and 
ABC were based on the control rules in the FMP and on recommendations 
from the Council's SSC and their determination of best scientific 
information available for calculating the OFL and recommended 
precautionary buffer for the ABC.
    According to the CPS 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, the lowest 
level of estimated biomass at which directed harvest is allowed (i.e., 
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. Because the biomass estimate used this year (i.e., 58,614 
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 2024-2025 fishing season. As noted previously, the rebuilding plan 
also includes a prohibition of the primary directed fishery when the 
biomass is at or below 150,000 mt. This is the 10th consecutive year 
that the primary directed fishery is closed.
    Pacific sardine catch during the 2024-2025 fishing season is 
therefore prohibited unless it is harvested as part of the live bait, 
Tribal ,\1\ or minor directed fisheries, as incidental catch in other 
fisheries, or as part of exempted fishing permit (EFP) activities. For 
these types of harvests, NMFS is proposing, as the Council recommended, 
an annual catch target (ACT) of 5,500 mt for the 2024-2025 fishing 
year.
---------------------------------------------------------------------------

    \1\ For the 2024-2025 fishing year, the Quinault Indian Nation 
has not requested a Tribal set-aside, and therefore none is 
proposed.

  Table 1--Overfishing Limit (OFL), Acceptable Biological Catch (ABC),
  Harvest Guideline (HG), and Annual Catch Limit (ACL) Calculations as
              Established Under Amendment 13 to the CPS FMP
------------------------------------------------------------------------
      Harvest specification and formula parameters             Value
------------------------------------------------------------------------
BIOMASS (ages 1+, mt)...................................          58,614
BUFFER Pstar (Category 2)...............................          0.7224
Calculated EMSY.........................................           0.163
DISTRIBUTION (U.S.).....................................            0.87
------------------------------------------------------------------------
2024-2025 Pacific sardine annual specifications              Metric tons
------------------------------------------------------------------------
OFL = BIOMASS * EMSY * DISTRIBUTION.....................           8,312
ABC = BIOMASS * BUFFER0.40 * EMSY * DISTRIBUTION........           6,005
HG......................................................               0
ACL = ABC...............................................           6,005
ACT.....................................................           5,500
------------------------------------------------------------------------

    The proposed annual harvest limits and management measures were 
developed in the context of NMFS' July 2019 declaration that the 
Pacific sardine stock was overfished and June 2021 approval of a 
rebuilding plan for the stock.
    The following are the additional proposed management measures and 
in-season accountability measures for the 2024-2025 Pacific sardine 
fishing year:
    (1) If landings in the live bait fishery reach 3,000 mt of Pacific 
sardine, then a per-trip limit of 1 mt of Pacific sardine would apply 
to the live bait fishery;
    (2) An incidental per-landing limit of 30 percent (by weight) of 
Pacific sardine applies to other CPS primary directed fisheries (e.g., 
Pacific mackerel);

[[Page 52007]]

    (3) If the ACT of 5,500 mt is attained, then a per-trip limit of 1 
mt of Pacific sardine would apply to all CPS fisheries (i.e., (1) and 
(2) would no longer apply); and
    (4) An incidental per-landing allowance of 2 mt of Pacific sardine 
would apply to non-CPS fisheries until the ACL is reached.
    In addition to the management measures and in-season accountability 
measures listed in the previous paragraphs, Pacific sardine catch in 
the minor directed fishery for finfish remains limited to 1 mt per trip 
per day, and 1 trip per day by any vessel, per regulations at 50 CFR 
660.511(d)(2).
    At the April 2024 meeting, the Council also recommended that NMFS 
approve two EFP proposals requesting an exemption from the prohibition 
to directly harvest sardine during their discussion of sardine 
management measures. Those EFP proposals include a total amount of up 
to 670 mt, and will be reviewed and potentially approved by NMFS 
through a separate process.
    All sources of catch including any fishing occurring as part of an 
EFP, the live bait fishery, and other minimal sources of harvest, such 
as incidental catch in CPS and non-CPS fisheries and minor directed 
fishing, would be accounted for against the ACT and ACL.
    The NMFS West Coast Regional Administrator would 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 or trip limits. 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.

Court Order in Oceana, Inc., v. Raimondo, et al.

    On April 22, 2024, shortly before NMFS finalized this proposed 
rule, the U.S. District Court for the Northern District of California 
(the Court) issued an order in Oceana, Inc., v. Raimondo, et al., No. 
5:21-cv-05407-VKD (N.D. Cal., filed July 14, 2021), a case that 
challenged NMFS' approval of Amendment 18 to the CPS FMP (i.e., the 
sardine rebuilding plan) and the June 23, 2023 final rule that set 
harvest specifications and management measures for the 2023-2024 
sardine fishing year (88 FR 41040) (2023 Final Rule). In that order, 
the Court found that some aspects of Amendment 18 and the 2023 Final 
Rule violate the MSA and remanded them to NMFS. Specifically, the Court 
found that NMFS' reliance on the temperature-recruitment relationship 
based on the 3-year running average CalCOFI temperature index was not 
supported by the administrative record. The Court did not, however, 
vacate Amendment 18 or the 2023 Final Rule. The Court also did not 
issue an order on remedy, and instead ordered the parties to submit 
proposals regarding what further proceedings are necessary to identify 
an appropriate remedy. As of this writing, remedy proceedings are 
ongoing.
    Because the 2023 Final Rule set harvest specifications and 
management measures that end on June 30, 2024, NMFS must publish new 
specifications and management measures by July 1, 2024 to avoid a lapse 
in regulations governing the fishery. Without specifications and 
management measures in place, the Pacific sardine fishery would be 
unregulated. NMFS is therefore proposing harvest specifications and 
management measures for the upcoming fishing season as recommended by 
the Council. This proposed rule is consistent with the rebuilding plan, 
which is still effective, and it would maintain the status quo and 
ensure that management measures are in place to constrain catch during 
the 2024-2025 fishing season in furtherance of NMFS' goal to conserve, 
manage, and rebuild the Pacific sardine population.
    In making a preliminary determination that the harvest 
specifications and management measures proposed in this action would 
prevent overfishing, rebuild the stock, and are supported by the best 
scientific information available, NMFS considered the recent order from 
the Court as well as ongoing discussions at the Council regarding 
EMSY. As they did the previous year, the SSC recommended 
revisiting the analysis and assumptions underlying an EMSY 
based on CalCOFI temperatures; however, they also recommended its use 
as best available science for setting the 2024-2025 OFL and ABC. The 
SSC discussed the uncertainty surrounding EMSY when 
considering their choice of the appropriate uncertainty buffer (sigma) 
for the ABC. NMFS has determined that the SSC appropriately accounted 
for any scientific uncertainty and gaps in scientific information used 
to calculate the recommended reference points through their 
recommendation of Category 2 sigma; which is a larger buffer than would 
have been associated with a Category 1 sigma.
    The calculated CalCOFI-based EMSY value for this year is 
0.163 and represents the lowest EMSY in 10 years. The 
decline in EMSY this year compared to the last 3 years is 
the result of a high temperature record year in 2020 falling out of the 
running 3-year average temperature used to calculate EMSY. 
This effect was also observed between 2014 and 2017 when a very large 
marine heatwave off the Pacific coast caused unprecedented changes in 
the ocean environment, and the 2015 annual CalCOFI temperature was the 
highest in 40 years. This situation triggered the application of the 
maximum allowed EMSY value of 0.25, instead of the 
calculated EMSY, to prevent potentially excessive 
EMSY values.
    Although NMFS believes there is additional support for using a 
CalCOFI-based EMSY in setting this year's specifications (as 
described in the previous paragraphs), to the extent the use of CalCOFI 
is precluded this year because of the Court's order, NMFS considered 
alternatives to using the CalCOFI-based EMSY. Currently, no 
other analysis is known of relationships between Pacific sardine 
recruitment and an environmental variable on which to base 
EMSY; however, past analyses have calculated a static 
EMSY of 0.18 when the effects of temperature on productivity 
are ignored. NMFS considers this static EMSY of 0.18 as the 
only available alternative for setting Pacific sardine specifications 
without the use of the CalCOFI temperature index. However, the 
Council's recommended EMSY of 0.163 is a lower and therefore 
more conservative value than the static EMSY. Therefore, 
even if the use of a CalCOFI-based EMSY is precluded this 
year, NMFS believes it is still appropriate to use the lower, more 
conservative EMSY of 0.163 for this year's specifications on 
a stock that is rebuilding while the methodology for determining 
EMSY is under review.
    Additionally, although this action proposes an ACL equal to the ABC 
at 6,005 mt, as envisioned by the FMP, NMFS has preliminarily 
determined that as a result of the closure of the directed fishery and 
additional management measures, landings of the northern subpopulation 
of Pacific sardine will remain very low and are unlikely to exceed 
2,200 mt, similar to what has occurred over the last 3 full fishing 
years (see table 2).

[[Page 52008]]



  Table 2--Landings of Northern and Southern Subpopulations of Pacific Sardine (2020-2023), in Metric Tons (mt)
----------------------------------------------------------------------------------------------------------------
                          Fishing year                               2020-2021       2021-2022       2022-2023
----------------------------------------------------------------------------------------------------------------
ACL.............................................................           4,288           3,329           4,274
Total Landings of northern and southern subpopulation...........           2,276           1,772           1,619
Landings of northern subpopulation..............................             657             298             517
----------------------------------------------------------------------------------------------------------------

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.
    NMFS finds that a 15-day comment period for this action provides a 
reasonable opportunity for public participation in this action pursuant 
to Administrative Procedure Act section 553(c) (5 U.S.C. 553(c)), while 
also ensuring that the final specifications are in place for the start 
of the Pacific sardine fishing year on July 1, 2024. Annual harvest 
specifications and management measures for Pacific sardine are based on 
an annual stock assessment, which is usually finalized in early Spring 
and reviewed by the Council and its advisory bodies during the 
Council's regularly-scheduled meeting in April. NMFS received the 
recommendations from the Council that form the basis for this rule 
following the Council's April 2024 meeting. The Council provided an 
opportunity for public comment at that meeting, as it does every year 
before adopting the recommended harvest specifications and management 
measures for the proceeding fishing year. 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, and in accordance with management 
measures required by the Pacific sardine rebuilding plan, which has 
been in place since 2021. A prolonged comment period and subsequent 
potential delay in implementation past the start of the 2024 fishing 
year would be contrary to the public interest, as it could create 
confusion in the Pacific sardine industry around current specifications 
and management measures. Such a delay would effectively open the 
fishery without the restrictions necessary to manage harvest rates in 
compliance with the Pacific sardine rebuilding plan.
    This proposed rule is exempt from review under Executive Order 
12866 because it is a routine rule that would implement regulations for 
less than 1 year.
    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 reasons provided below.
    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 (North 
American Industry Classification System (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 purpose of this proposed rule is to conserve and rebuild the 
Pacific sardine stock by preventing overfishing, while still allowing 
limited harvest opportunity among differing fishery sectors. This will 
be accomplished by implementing the 2024-2025 annual specifications for 
Pacific sardine in the U.S. EEZ off the Pacific coast. The small 
entities that would be affected by the proposed action are the vessels 
that would be expected to participate in the primary directed Pacific 
sardine fishery as part of the Pacific coast CPS small purse seine 
fleet. In 2014 (i.e., 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, with that total comprising 58 vessels in the 
Federal CPS limited entry fishery off California (south of lat. 39[deg] 
N) and a combined 23 vessels in Oregon and Washington's State Pacific 
sardine fisheries. NMFS does 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, 
Hawai[revaps]i, 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 Pacific 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 2024. 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 annual catch target 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 
principal commercial 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. Because there is again no 
directed fishing for the 2024-2025 fishing year, as has been the case 
for the last 10 years, this proposed rule will not change the potential 
profitability compared to the previous fishing year or years following 
the closure of the directed fishery. Additionally, the proposed 2024-
2025 ACL is still expected to account for the various fishery sector 
needs (i.e., live bait, incidental catch in other CPS fisheries, EFPs, 
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.

[[Page 52009]]

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 the 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 Paperwork 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: June 14, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2024-13530 Filed 6-20-24; 8:45 am]
BILLING CODE 3510-22-P

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