[Federal Register Volume 85, Number 129 (Monday, July 6, 2020)]
[Rules and Regulations]
[Pages 40135-40137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14442]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 200629-0174]
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: Final rule.
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SUMMARY: NMFS is implementing 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. This final rule will prohibit most directed
commercial fishing for Pacific sardine off the coasts of Washington,
Oregon, and California. Pacific sardine harvest will 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 will 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
annual catch limit for the 2020-2021 Pacific sardine fishing year is
4,288 metric tons. This final rule is intended to conserve and manage
the Pacific sardine stock off the U.S. West Coast.
DATES: Effective July 1, 2020.
ADDRESSES: A copy of the 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 West Coast (California,
Oregon, and Washington) in accordance with the Coastal Pelagic Species
(CPS) Fishery Management Plan (FMP). The FMP and its implementing
regulations require NMFS to set annual catch levels for the Pacific
sardine fishery based on the annual specification framework and control
rules in the FMP. These control rules include the harvest guideline
(HG) control rule, which, in conjunction with the overfishing limit
(OFL) and acceptable biological catch (ABC) rules in the FMP, are used
to manage harvest levels for Pacific sardine, in accordance with the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act), 16 U.S.C. 1801 et seq.
This final rule implements the annual catch levels and reference
points for the 2020-2021 fishing year. The final rule adopts, without
changes, the catch levels and restrictions that NMFS proposed in the
rule published on May 27, 2020 (85 FR 31733), including the OFL and ABC
that take into consideration uncertainty surrounding OFL, including
uncertainty in the current estimate of biomass for Pacific sardine in
the U.S. EEZ off the U.S. West Coast. The proposed rule for this action
included additional background on the specifications and details of how
the Pacific Fishery Management Council (Council) derived its
recommended specifications for Pacific sardine. Those details are not
repeated here. For additional information on this action, please refer
to the proposed rule (85 FR 31733).
Table 1--Harvest Specifications for the 2020-2021 Sardine Fishing Year in Metric Tons (mt)
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Biomass estimate OFL ABC HG ACL ACT
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28,276............................................................. 5,525 4,288 0 4,288 4,000
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This final rule implements an OFL of 5,525 mt and an ABC and an
annual catch limit (ACL) of 4,288 mt. These reference points are based
on the control rules and management framework in the CPS FMP and on an
estimate of Pacific sardine biomass of 28,276 mt from a stock
assessment completed by NMFS Southwest Fishery Science Center. The
Council and NMFS determined this stock assessment to be the best
scientific information available for setting Pacific sardine harvest
specifications for the 2020-2021 fishing year.
Additionally, this rule implements an annual catch target (ACT) of
4,000 mt, as well as restrictions on the incidental catch of Pacific
sardine by other fisheries and a trip limit that could be imposed on
directed fishing for sardine as live bait (see below list of management
and accountability measures). The 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 its minimum stock size threshold (MSST) of 50,000 mt, 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 (i.e., 150,000 mt threshold below which primary
directed harvest is not allowed but above the MSST).
The final specifications include the following management measures
and inseason accountability measures for commercial sardine harvest
during the 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 will apply to the live bait fishery.
(2) A 20-percent incidental per landing by weight catch allowance
will 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 will 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 in 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 will publish a notice in
the Federal Register to announce when
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catch reaches the incidental limits as well as any changes to allowable
incidental catch percentages. Additionally, to ensure that the
regulated community is informed of any closure, NMFS will make
announcements through other means available, including emails to
fishermen, processors, and state fishery management agencies.
At the April 2020 Council meeting, although formal review and
approval was removed from the Council's agenda, they 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' potential approval of up to
1,145 mt of the ACL to be harvested under EFPs.
Comments and Responses
On May 27, 2020, NMFS published a proposed rule for this action and
solicited public comments (85 FR 31733) through June 11, 2020. NMFS
received two public comments relevant to the proposed rule--one from
the CPS industry group California Wetfish Producers Association (CWPA)
and one from the environmental group Oceana. The CWPA supported the
proposed rule in its entirety. After considering the public comments,
no changes were made from the proposed rule. NMFS summarizes and
responds to the comment letter from Oceana below.
Comment 1: Oceana supported the prohibition on primary directed
fishing for Pacific sardine, but requested that NMFS further reduce
Pacific sardine mortality by setting a lower ACL (1,000 mt) and that
this ACL be apportioned across the fisheries that incidentally catch
Pacific sardine, the live bait and minor directed fisheries in some
manner not described in the comment. Oceana also requested that
directed fishing under EFPs not be allowed. Oceana states that a 1,000-
mt ACL and their additionally proposed management measures would
``better protect the stock and dependent predators during this time of
collapse.'' In addition to commenting on the proposed rule, Oceana also
requested reconsideration of various aspects of Pacific sardine
management and provided recommendations on changes to Pacific sardine
management that are not within the scope of this action. These
recommendations included changing the start date of the fishery,
revising the MSST value, reinitiating the Endangered Species Act (ESA)
consultation, and modifying various parameters in the OFL, ABC, and HG
control rules, such as Emsy, CUTOFF and Distribution.
Response: NMFS agrees with Oceana regarding the prohibition on
primary directed fishing. Changes to the management framework of
Pacific sardine and to the Pacific sardine harvest control rules are
set in the CPS FMP and are beyond the scope of this rulemaking. NMFS
notes that some of these changes, such as to the value for the
Distribution parameter in the Pacific sardine harvest control rules and
the MSST, have been previously reviewed during specific agenda items at
Council meetings. For example, in 2015, a 3-day meeting was held that
included agency and non-agency scientists to review the Distribution
parameter. The results of this workshop were then presented to the
Council and its advisory bodies, including the Science and Statistical
Committee (SSC). The Council subsequently concluded that there was no
superior data to inform this parameter. Additionally, NMFS notes that
the Distribution parameter in the various Pacific sardine control rules
is not a required element dictated by the Magnuson-Stevens Act or
National Standard 1. Instead, it is an additional precautionary policy
adopted and used by the Council to further reduce the harvest of
Pacific sardine beyond what is required. However, NMFS will communicate
other concerns to the Council for their consideration during related
future management planning for the Pacific sardine stock. NMFS is aware
of the scientific literature attached by Oceana, and will consider it
as appropriate in future discussions on Pacific sardine management.
Much of Oceana's commentary about ESA analysis address concerns
beyond the scope of the proposed action, and also appear to conflate
species listed under the ESA with species not listed, particularly
marine predators. Relevant to this action, Oceana did not introduce any
new scientific information that would require NMFS to reinitiate
consultation under the ESA. NMFS notes that it determined that the
2020-2021 harvest specifications fall well within the scope of impacts
to listed species, including listed marine predators, considered under
prior consultations for the fishery, and that fishing activities
pursuant to this rule are not likely to jeopardize the continued
existence of any endangered or threatened species under the
jurisdiction of NMFS or result in the destruction or adverse
modification of critical habitat of any such species.
As it relates to the comment that NMFS should set a lower ACL and
further reduce catch in smaller scale fishery sectors, NMFS disagrees
that setting a lower ACL is necessary. The ACL should be viewed in the
context of the OFL for the northern subpopulation of Pacific sardine of
5,525 mt and the ABC of 4,288 mt that takes into account scientific
uncertainty surrounding the OFL. These reference points were
recommended by the Council based on the control rules in the FMP and
were endorsed by the Council's SSC as the best scientific information
available for preventing overfishing. In addition, the management
measures adopted by the Council, including an ACT that was set even
lower than the ACL (4,000 mt), are more than adequate to ensure catch
does not exceed the ACL/ABC and OFL and therefore prevent overfishing.
The assertion in Oceana's comment that NMFS and the Council have
set higher catch levels as Pacific sardine has declined is incorrect.
Each year that the stock has declined the Council has recommended and
NMFS has implemented catch levels commensurate with any decline in the
stock. In fact, for this 2020-2021 fishing year the estimated biomass
has actually increased from the previous fishing year, however the
catch limit has been reduced, which is the opposite of increasing
harvest.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this final rule is
consistent with the CPS FMP, other provisions of the Magnuson-Stevens
Act, and other applicable law.
There is good cause under 5 U.S.C. 553(d)(3) to waive the 30-day
delay in effectiveness of these final harvest specifications for the
2020-2021 Pacific sardine fishing season. In accordance with the FMP,
this rule was recommended by the Council at its meeting in April 2020.
The contents of this rule are based on the best scientific information
available on the population status of Pacific sardine. Making these
final specifications effective on July 1, the first day of the fishing
season, is necessary for the conservation and management of the Pacific
sardine resource because last year's restrictions on harvest are not
effective after June 30. The FMP requires a prohibition on directed
fishing for Pacific sardine for the 2020-2021 fishing year because the
sardine biomass has dropped below the 150,000-mt threshold for a
primary directed commercial fishery. The purpose of this threshold in
the FMP, and for prohibiting directed fishing when the biomass drops
below this level, is to protect the stock when
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biomass is low and provide a buffer of spawning stock that is protected
from fishing and can contribute to rebuilding the stock. A delay in the
effectiveness of this rule for a full 30 days would result in the re-
opening the directed commercial fishery on July 1.
Delaying the effective date of this rule beyond July 1 would be
contrary to the public interest because it would jeopardize the
sustainability of the Pacific sardine stock. Furthermore, most affected
fishermen are aware that the Council recommended that primary directed
fishing be prohibited for the 2020-2021 fishing year and are fully
prepared to comply with the prohibition.
This final rule is exempt from the procedures of Executive Order
12866 because this action is an annual fishery management specification
under the Magnuson-Stevens Act.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities for purposes of the Regulatory Flexibility Act. The factual
basis for the certification was published in the proposed rule and is
not repeated here. As a result, a regulatory flexibility analysis was
not required and none was prepared.
Pursuant to Executive Order 13175, this final rule was developed
after meaningful consultation and collaboration with the tribal
representative on the Council who has agreed with the provisions that
apply to tribal vessels.
This action does not contain a collection-of-information
requirement for purposes of the Paperwork Reduction Act.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 30, 2020.
Chris Oliver,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 2020-14442 Filed 6-30-20; 4:15 pm]
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