[Federal Register Volume 85, Number 102 (Wednesday, May 27, 2020)]
[Proposed Rules]
[Pages 31733-31735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11322]
[[Page 31733]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 200519-0142; RTID 0648-XW023]
Fisheries Off West Coast States; Coastal Pelagic Species
Fisheries; 2020-2021 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, 2020,
through June 30, 2021. The proposed action would prohibit most directed
commercial fishing for Pacific sardine off the coasts of Washington,
Oregon, and California. Pacific sardine harvest would be allowed only
in the live bait fishery, minor directed fisheries, as incidental catch
in other fisheries, or as authorized under exempted fishing permits.
The incidental harvest of Pacific sardine would be limited to 20
percent by weight of all fish per trip when caught with other stocks
managed under the Coastal Pelagic Species Fishery Management Plan or up
to 2 metric tons per trip when caught with non-Coastal Pelagic Species
stocks. The proposed annual catch limit for the 2020-2021 Pacific
sardine fishing year is 4,288 metric tons. This proposed rule is
intended to conserve and manage the Pacific sardine stock off the U.S.
West Coast.
DATES: Comments must be received by June 11, 2020.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2020-0061, by the following method:
Electronic Submissions: Submit all public comments via the
Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2020-0061, click the ``Comment Now!'' 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).
A copy of the draft report ``Assessment of Pacific Sardine Resource
in 2020 for U.S.A. Management in 2020-2021'' is available at: https://www.pcouncil.org/documents/2020/03/agenda-item-d-3-attachment-1-stock-assessment-report-executive-summary-assessment-of-the-pacific-sardine-resource-in-2019-for-u-s-management-in-2019-20-full-document-electronic-only.pdf/, and may be obtained from the West Coast Region
(see FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Lynn Massey, West Coast Region, NMFS,
(562) 436-2462, [email protected].
SUPPLEMENTARY INFORMATION: NMFS manages the Pacific sardine fishery in
the U.S. exclusive economic zone (EEZ) off the Pacific coast
(California, Oregon, and Washington) in accordance with the Coastal
Pelagic Species (CPS) Fishery Management Plan (FMP). The FMP and its
implementing regulations require NMFS to set annual catch levels for
the Pacific sardine fishery based on the annual specification framework
and control rules in the FMP. These control rules include the harvest
guideline (HG) control rule, which, in conjunction with the overfishing
limit (OFL) and acceptable biological catch (ABC) rules in the FMP, are
used to manage harvest levels for Pacific sardine, in accordance with
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act), 16 U.S.C. 1801 et seq.
During public meetings each year, NMFS' Southwest Fisheries Science
Center (SWFSC) presents the estimated biomass for Pacific sardine to
the Pacific Fishery Management Council's (Council) CPS Management Team
(Team), the Council's CPS Advisory Subpanel (Subpanel) and the
Council's Scientific and Statistical Committee (SSC). The Team,
Subpanel, and SSC review the biomass and the status of the fishery, and
recommend applicable catch limits and additional management measure.
Following Council review and public comment, the Council adopts a
biomass estimate and recommends catch limits and any in-season
accountability measures to NMFS. NMFS publishes annual specifications
in the Federal Register to establish these catch limits and management
measures for each Pacific sardine fishing year. This rule proposes the
Council's recommended catch limits for the 2020-2021 fishing year, as
well as management measures to ensure that harvest does not exceed
those limits, and adoption of an OFL and ABC that take into
consideration uncertainty surrounding the current estimate of biomass
for Pacific sardine.
Recommended Catch Limits
According to the FMP, the catch limit for the primary directed
fishery is determined using the FMP-specified HG formula. The HG
formula in the CPS FMP is HG = [(Biomass-CUTOFF) * FRACTION *
DISTRIBUTION] with the parameters described as follows:
1. Biomass. The estimated stock biomass of Pacific sardine age one
and above. For the 2020-2021 management season, this is 28,276 metric
tons (mt).
2. CUTOFF. This is the biomass level below which no HG is set. The
FMP established this level at 150,000 mt.
3. DISTRIBUTION. The average portion of the Pacific sardine biomass
estimated in the EEZ off the Pacific coast is 87 percent.
4. FRACTION. The temperature-varying harvest fraction is the
percentage of the biomass above 150,000 mt that may be harvested.
As described above, the Pacific sardine HG control rule, the
primary mechanism for setting the primary directed fishery catch limit,
includes a CUTOFF parameter, which has been set as a biomass level of
150,000 mt. This amount is subtracted from the annual biomass estimate
before calculating the applicable HG for the fishing year. Since this
year's biomass estimate 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 2020-2021 fishing season. This would be the
sixth consecutive year that the primary directed fishery is closed.
Last fishing year (2019-2020), the estimated biomass of Pacific
sardine dropped below its 50,000-mt minimum stock size threshold
(MSST), which triggered an overfished determination process. NMFS
accordingly declared the stock overfished on June 26, 2019 and notified
the Council on July 9, 2019. NMFS is working with the Council to
develop a rebuilding plan for sardine within two years of the date NMFS
notified the Council that the stock was declared overfished.
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At the April 2020 Council meeting, the Council's SSC approved, and
the Council adopted, the SWFSC's ``Assessment of the Pacific Sardine
Resource in 2020 for U.S. Management in 2020-2021'' (see ADDRESSES).
The resulting Pacific sardine biomass estimate of 28,276 mt was adopted
as the best scientific information available for setting harvest
specifications. Based on recommendations from its SSC and other
advisory bodies, as well as the OFL and ABC control rules in the CPS
FMP, the Council recommended, and NMFS is proposing: an OFL of 5,525
mt; an ABC of 4,288 mt; an annual catch limit (ACL) of 4,288 mt; and a
prohibition on commercial Pacific sardine catch, unless it is harvested
as part of the live bait, tribal, or minor directed fisheries, as
incidental catch in other fisheries, or as part of exempted fishing
permit (EFP) activities. The Council also recommended an annual catch
target (ACT) of 4,000 mt for the 2020-2021 fishing year. In conjunction
with setting an ACT, the Council also recommended inseason and other
management measures to ensure harvest opportunity under the ACT
throughout the year (see below).
Recommended Management Measures
The proposed annual harvest limits and management measures were
developed in the context of the fact that NMFS declared the Pacific
sardine stock overfished in July 2019. Since the biomass remains below
the 50,000 mt MSST, the FMP requires that incidental catch of Pacific
sardine in other CPS fisheries be limited to an incidental allowance of
no more than 20 percent by weight (instead of a maximum of 40 percent
allowed when below the CUTOFF but above the MSST).
The following are the proposed management measures and inseason
accountability measures for the Pacific sardine 2020-2021 fishing year:
(1) If landings in the live bait fishery reach 2,500 mt, then a 1-
mt per trip limit of sardine would apply to the live bait fishery.
(2) A 20-percent incidental per landing by weight catch allowance
would apply to other CPS primary directed fisheries (e.g., Pacific
mackerel).
(3) If the ACT of 4,000 mt is attained, then a 1-mt per trip limit
of sardine would apply to all CPS fisheries (i.e., (1) and (2) would no
longer apply).
(4) An incidental per landing allowance of 2 mt of sardine would
apply to non-CPS fisheries.
All sources of catch including any EFP set-asides, the live bait
fishery, and other minimal sources of harvest, such as incidental catch
in CPS and non-CPS fisheries, and minor directed fishing, will be
accounted for against the ACT and ACL.
The NMFS West Coast Regional Administrator would publish a notice
in the Federal Register to announce when catch reaches the incidental
limits as well as any changes to allowable incidental catch
percentages. Additionally, to ensure that the regulated community is
informed of any closure, NMFS would make announcements through other
means available, including emails to fishermen, processors, and state
fishery management agencies.
In previous fishing years, the Quinault Indian Nation has
requested, and NMFS has approved, a set-aside for the exclusive right
to harvest Pacific sardine in the Quinault Usual and Accustomed Fishing
Area off the coast of Washington State, pursuant to the 1856 Treaty of
Olympia (Treaty with the Quinault). For the 2020-2021 fishing year, the
Quinault Indian Nation has not requested a tribal set-aside and
therefore none is proposed.
At the April 2020 meeting, although Council review and approval was
removed from the Council's agenda, the Council expressed support for
three EFP proposals requesting an exemption from the prohibition to
directly harvest sardine during their discussion of sardine management
measures. This action accounts for NMFS' approval of up to 1,145 mt of
the ACL to be harvested under EFPs.
Classification
This action must be effective by July 1, 2020, otherwise the
fishery will open without any catch limits or restrictions in place. In
order to ensure that these harvest specifications are effective in time
for the start of the July 1 fishing year, NMFS will solicit public
comments on this proposed rule for 15 days rather than the standard 30
days. A 15-day comment period has been the practice since the 2015-2016
fishing year when the primary directed fishery for sardine was first
closed. NMFS received the recommendations from the Council that form
the basis for this rule only last month. The subject of this proposed
rule--the establishment of the reference points--is considered a
routine action, because they are calculated annually based on the
framework control rules in the FMP. Additionally, the Council provides
an opportunity for public comment each year at its April meeting before
adopting the recommended harvest specifications and management measures
for the proceeding fishing year.
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 is exempt from review under Executive Order
12866.
Pursuant to Executive Order 13175, this proposed rule was developed
after meaningful consultation and collaboration with the tribal
representative on the Council who has agreed with the provisions that
apply to tribal vessels.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities,
for the following reasons:
For Regulatory Flexibility Act (RFA) purposes only, NMFS has
established a small business size standard for businesses, including
their affiliates, whose primary industry is commercial fishing (see 50
CFR 200.2). A business primarily engaged in commercial fishing (NAICS
code 11411) is classified as a small business if it is independently
owned and operated, is not dominant in its field of operation
(including its affiliates), and has combined annual receipts not in
excess of $11 million for all its affiliated operations worldwide.
The purpose of this proposed rule is to conserve the Pacific
sardine stock by preventing overfishing, while still allowing harvest
opportunity among differing fishery sectors. This will be accomplished
by implementing the 2020-2021 annual specifications for Pacific sardine
in the U.S. EEZ off the West coast. The small entities that would be
affected by the proposed action are the vessels that would be expected
to harvest Pacific sardine as part of the West Coast CPS small purse
seine fleet if the fishery were open, as well as fishermen targeting
other CPS, sardine for live bait, or sardine in the minor directed
fishery. In 2014, the last year that a directed fishery for Pacific
sardine was allowed, there were approximately 81 vessels permitted to
operate in the directed sardine fishery component of the CPS fishery
off the U.S. West Coast; 58 vessels in the Federal CPS limited entry
fishery off California (south of 39[deg] N. lat.); and a combined 23
vessels in Oregon and Washington's state Pacific sardine fisheries. The
average annual per vessel revenue in 2014 for those vessels was well
below the threshold level of $11
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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.
The CPS FMP and its implementing regulations require NMFS to
annually set an OFL, ABC, ACL, and HG or ACT for the Pacific sardine
fishery based on the specified harvest control rules in the FMP applied
to the current stock biomass estimate for that year. The derived annual
HG is the level typically used to manage the primary directed sardine
fishery and is the harvest level NMFS typically uses for profitability
analysis each year. As stated above, the CPS FMP dictates that when the
estimated biomass drops below a certain level (150,000 mt), the HG is
zero. Therefore, for the purposes of profitability analysis, this
action is essentially proposing an HG of zero for the 2020-2021 Pacific
sardine fishing season (July 1, 2020, through June 30, 2021). The
estimated biomass used for management during the preceding fishing year
(2019-2020) was also below 150,000 mt. Therefore, NMFS did not
implement an HG for the 2019-2020 fishing year, thereby prohibiting the
primary directed Pacific sardine fishery. Since there is again no
directed fishing for the 2020-2021 fishing year, this proposed rule
will not change the potential profitability compared to the previous
fishing year. Additionally, while the proposed 2020-2021 ACL is
slightly lower compared to previous years, it is still expected to
account for the various fishery sector needs (i.e., live bait,
incidental catch in other CPS fisheries, and minor directed fisheries).
The revenue derived from harvesting Pacific sardine is typically
only one of the sources of fishing revenue for the commercial vessels
that participate in this fishery. As a result, the economic impact to
the fleet from the proposed action cannot be viewed in isolation. From
year to year, depending on market conditions and availability of fish,
most CPS/sardine vessels supplement their income by harvesting other
species. Many vessels in California also harvest anchovy, mackerel, and
in particular, squid, making Pacific sardine only one component of a
multi-species CPS fishery. Additionally, some sardine vessels that
operate off of Oregon and Washington also fish for salmon in Alaska or
squid in California during times of the year when sardine are not
available. The purpose of the incidental catch limits proposed in this
action are to ensure the vessels impacted by a prohibition on directly
harvesting sardine can still access these other profitable fisheries
while still 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.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 20, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2020-11322 Filed 5-26-20; 8:45 am]
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