67222 Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Proposed Rules 

the status of grizzly bears in the NEP 

annually and will evaluate the status of 

grizzly bears in the NEP in conjunction 

with the Service’s species status 

assessments and status reviews of the 

grizzly bear. Evaluations in the Service’s 

status reviews will include but not be 

limited to a review of management 

issues, grizzly bear movements, 

demographic rates, causes of mortality, 

project costs, and progress toward 

establishing a self-sustaining 

population. 

Janine Velasco, 

Acting Director, U.S. Fish and Wildlife 

Service. 

[FR Doc. 2023–21418 Filed 9–28–23; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 230919–0225] 

RIN 0648–BM44 

Fisheries Off West Coast States; 

Coastal Pelagic Species Fisheries; 

Biennial Specifications; 2023–2024 and 

2024–2025 Specifications for Pacific 

Mackerel 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule. 

SUMMARY: NMFS proposes to implement 

allowable catch levels, an overfishing 

limit, an allowable biological catch, and 

an annual catch limit for Pacific 

mackerel in the exclusive economic 

zone off the U.S. West Coast (California, 

Oregon, and Washington) for the fishing 

years (seasons) 2023–2024 and 2024– 

2025. This proposed rule is made 

pursuant to the Coastal Pelagic Species 

Fishery Management Plan. The 

proposed harvest guideline and annual 

catch target for the 2023–2024 fishing 

season are 7,871 metric tons (mt) and 

6,871 mt, respectively. The proposed 

harvest guideline and annual catch 

target for the 2024–2025 fishing season 

are 8,943 mt and 7,943 mt, respectively. 

If the fishery attains the annual catch 

target in either fishing season, the 

directed fishery will close, reserving the 

1,000-mt difference between the harvest 

guideline and annual catch target as a 

set-aside for incidental landings in other 

Coastal Pelagic Species fisheries and 

other sources of mortality. This 

rulemaking is intended to conserve and 

manage the Pacific mackerel stock off 

the U.S. West Coast. 

DATES: Comments must be received by 

October 30, 2023. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2023–0085, by any of the 

following methods: 

Electronic Submissions: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

https://www.regulations.gov and enter 

NOAA–NMFS–2023–0085 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, Katie.Davis@noaa.gov. 

SUPPLEMENTARY INFORMATION: Under the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act), 16 U.S.C. 1801 

et seq., NMFS manages the Pacific 

mackerel fishery in the U.S. exclusive 

economic zone (EEZ) off the West Coast 

in accordance with the Coastal Pelagic 

Species (CPS) Fishery Management Plan 

(FMP). The CPS FMP and its 

implementing regulations require NMFS 

to set annual harvest specifications for 

the Pacific mackerel fishery based on 

the annual specification framework and 

control rules in the FMP. The Pacific 

mackerel fishing season runs from July 

1 to June 30. The purpose of this 

proposed rule is to implement these 

harvest specifications, which include 

allowable harvest levels (i.e., annual 

catch target (ACT) and harvest guideline 

(HG)), an annual catch limit (ACL), and 

annual catch reference points (i.e., 

overfishing limit (OFL) and acceptable 

biological catch (ABC)). The uncertainty 

surrounding the current biomass 

estimates for Pacific mackerel for the 

2023–2024 and 2024–2025 fishing 

seasons was taken into consideration in 

the development of these harvest 

specifications. Any Pacific mackerel 

harvested between July 1, 2023, and the 

effective date of the final rule will count 

toward the 2023–2024 ACT and HG. 

During public meetings held every 

other year, the NMFS Southwest 

Fisheries Science Center (SWFSC) 

presents biomass estimates for Pacific 

mackerel to the Pacific Fishery 

Management Council’s (Council) CPS 

Management Team (CPSMT), the 

Council’s CPS Advisory Subpanel 

(CPSAS) and the Council’s Scientific 

and Statistical Committee (SSC), and the 

biomass estimates and the status of the 

fisheries are reviewed and discussed. 

The CPSMT, CPSAS, and SSC then 

provide recommendations and 

comments to the Council regarding the 

calculated OFL, ABC, ACL, HG, and 

ACT. Following Council review and 

after hearing public comment, the 

Council adopts biomass estimates and 

makes its harvest specification 

recommendations to NMFS. Pursuant to 

regulations at 50 CFR 660.508(e), NMFS 

publishes biennial specifications in the 

Federal Register that establish these 

allowable harvest levels (i.e., ACT/HG) 

as well as OFL, ABC, and ACL for the 

upcoming two Pacific mackerel fishing 

seasons. 

The control rules in the CPS FMP 

include the HG control rule, which, in 

conjunction with the OFL and ABC 

control rules, are used to manage Pacific 

mackerel. According to the FMP, the 

quota for the principal commercial 

fishery, the HG, is determined using the 

FMP-specified HG formula. The HG is 

based, in large part, on the estimate of 

stock biomass for the fishing year. The 

biomass estimate is an explicit part of 

the various harvest control rules for 

Pacific mackerel, and as the estimated 

biomass decreases or increases from one 

year to the next, the resulting allowable 

catch levels similarly trend. The harvest 

control rule in the CPS FMP is HG = 

[(Biomass¥Cutoff) × Fraction × 

Distribution] with the parameters 

described as follows: 

1. Biomass. The estimated stock 

biomass of Pacific mackerel for the 

2023–2024 management season is 

55,681 mt. The estimated stock biomass 

of Pacific mackerel for the 2024–2025 

management season is 60,785 mt; 

2. Cutoff. This is the biomass level 

below which no commercial fishery is 

allowed. The FMP establishes this level 

at 18,200 mt; 

3. Fraction. The harvest fraction is the 

percentage of the biomass above 18,200 

mt that may be harvested. This is set in 

the FMP at 30 percent; and 

4. Distribution. Pacific mackerel range 

from Mexico to Alaska and regularly 

migrate between Mexico and the U.S. 

West Coast. Because some of the Pacific 

mackerel stock exists outside of U.S. 


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Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Proposed Rules 67223 

1Stock Assessment Review (STAR) Panel 

meetings are formal, public, multiple-day meetings 

of stock assessment experts who conduct a detailed 

technical evaluation of full (e.g., benchmark) stock 

assessments. The 2023 Pacific Mackerel STAR 

Panel meeting was held April 11–13, 2023. 

2 Directed fishing for live bait and minor directed 

fishing is allowed to continue during a closure of 

the directed fishery. 

waters, the Distribution parameter is 

used to estimate the proportion of the 

total biomass in U.S. waters and to 

calculate U.S. catch limits. The average 

portion of the total Pacific mackerel 

biomass estimated in the U.S. West 

Coast EEZ is set in the FMP at 70 

percent. The 70 percent distribution 

estimate is based on the average 

historical larval distribution obtained 

from scientific cruises and the 

distribution of the resource according to 

the logbooks of aerial fish-spotters. 

The Council has recommended, and 

NMFS is proposing, Pacific mackerel 

harvest specifications for both the 2023– 

2024 and 2024–2025 fishing seasons. 

For the 2023–2024 Pacific mackerel 

fishing season these include an OFL of 

11,693 mt, an ABC and ACL of 9,754 mt, 

a HG of 7,871 mt, and an ACT of 6,871 

mt. For the 2024–2025 Pacific mackerel 

fishing season these include an OFL of 

12,765 mt, an ABC and ACL of 10,073 

mt, a HG of 8,943 mt, and an ACT of 

7,943 mt. These catch specifications are 

based on the OFL and ABC control rules 

established in the CPS FMP, 

recommendations from the Council’s 

SSC and other advisory bodies, and 

biomass estimates of 55,681 mt (2023– 

2024) and 60,785 mt (2024–2025). The 

biomass estimates are the result of a 

benchmark stock assessment the NMFS 

SWFSC completed in June 2023, which 

was reviewed by a Stock Assessment 

Review Panel.1 At the June 2023 

Council meeting, the Council’s SSC 

reviewed and approved, and the 

Council adopted, the 2023 benchmark 

stock assessment and resulting biomass 

estimates as the best scientific 

information available for setting harvest 

specifications for the 2023–2024 and 

2024–2025 Pacific mackerel fishing 

seasons. 

Under this proposed action, in the 

unlikely event that catch reaches the 

ACT in either fishing season, directed 

fishing would close, reserving the 

difference between the HG and ACT 

(1,000 mt) as a set-aside for incidental 

landings in other fisheries and other 

sources of mortality.2 For the remainder 

of the fishing season, incidental 

landings in CPS fisheries would be 

constrained to a 45 percent incidental 

catch allowance (in other words, no 

more than 45 percent by weight of the 

CPS landed per trip may be Pacific 

mackerel); and in non-CPS fisheries, up 

to 3 mt of Pacific mackerel may be 

landed incidentally per fishing trip. The 

incidental set-aside is intended to allow 

continued operation of fisheries for 

other stocks, particularly other CPS 

stocks that may school with Pacific 

mackerel. 

The NMFS West Coast Regional 

Administrator will publish a notice in 

the Federal Register announcing the 

date of any closure of directed fishing 

(when harvest levels reach or exceed the 

ACT). Additionally, to ensure the 

regulated community is informed of any 

closure, NMFS will also make 

announcements through other means 

available, including email to fishermen, 

processors, and state fishery 

management agencies. 

Comments on this proposed rule and 

on NMFS’ determination that this 

proposed rule, if adopted, would not 

have a significant economic impact on 

a substantial number of small entities 

(as discussed below in the Classification 

section), may be submitted via https:// 

www.regulations.gov (see DATES and 

ADDRESSES). 

Classification 

Pursuant to section 304(b)(1)(A) of the 

Magnuson-Stevens Act, the NMFS 

Assistant Administrator has determined 

that this proposed rule is consistent 

with the CPS FMP, other provisions of 

the Magnuson-Stevens Act, and other 

applicable law, subject to further 

consideration after public comment. 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

The basis and purpose of this 

rulemaking is to set an OFL, ABC, ACL, 

HG, and ACT for the Pacific mackerel 

fishery based on the harvest control 

rules in the CPS FMP. These specific 

harvest control rules are applied to the 

current stock biomass estimate to derive 

these catch specifications, which are 

used to manage the commercial take of 

Pacific mackerel. A component of these 

control rules is that as the estimated 

biomass decreases or increases from one 

year to the next, so do the applicable 

quotas. The harvest control rules in the 

CPS FMP remain unchanged by this 

proposed action. 

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. 

Pacific mackerel harvest is one 

component of CPS fisheries off the U.S. 

West Coast that also includes the 

fisheries for the Pacific sardine, 

northern anchovy, and market squid. 

Pacific mackerel are principally caught 

off southern California within the 

limited entry portion (south of 39 

degrees N lat.; Point Arena, California) 

of the fishery. Currently there are 55 

vessels permitted in the Federal CPS 

limited entry fishery off California. The 

average annual per vessel revenue in 

2022 for vessels that landed Pacific 

mackerel was well below the threshold 

level of $11 million; therefore, all of 

these vessels are considered small 

businesses under the RFA. 

Because each affected vessel is a small 

business, this proposed rule is 

considered to equally affect all of these 

small entities in the same manner. 

Additionally, the harvest specifications 

proposed in this rule would not 

constrain catch disproportionately for 

small entities in different size 

categories, as they remain well above 

the annual coastwide landings. 

Therefore, this rulemaking would not 

create disproportionate costs between 

small and large vessels/businesses. 

NMFS used the ex-vessel revenue 

information for a profitability analysis, 

as the cost data for the harvesting 

operations of CPS finfish vessels was 

limited or unavailable. For the 2022– 

2023 fishing season, the HG was 5,822 

mt with an ACT of 4,822 mt and an 

incidental set-aside of 1,000 mt. 

Approximately 886 mt of Pacific 

mackerel were harvested in the 2022– 

2023 fishing season with an estimated 

ex-vessel value of approximately 

$426,324. 

The proposed HG for the 2023–2024 

Pacific mackerel fishing season is 7,871 

mt, with a proposed ACT of 6,871 mt 

and an incidental set-aside of 1,000 mt. 

The proposed HG for the 2024–2025 

Pacific mackerel fishing season is 8,943 

mt with a proposed ACT of 7,943 mt 

and an incidental set-aside of 1,000 mt. 

The proposed ACTs for these fishing 

seasons are slightly higher than the 

prior 2 fishing seasons (i.e., 7,323 mt for 

2021–2022 and 4,822 mt for 2022– 

2023). Pacific mackerel landings off the 

U.S. West Coast over the last 10 


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67224 Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Proposed Rules 

management seasons (2012–2013 

through 2021–2022) have averaged 

about 3,800 mt. Therefore, the ACTs 

proposed in this rule are not expected 

to affect profitability to the fleet from 

catching Pacific mackerel compared to 

last season or recent catch levels. 

Accordingly, vessel income from fishing 

is not expected to be altered as a result 

of this rulemaking as it compares to 

recent catches in the fishery, including 

under the previous season’s regulations. 

Based on the disproportionality and 

profitability analysis above, the 

proposed action, if adopted, will not 

have adverse or disproportional 

economic impact on these small 

business entities. As a result, an Initial 

Regulatory Flexibility Analysis is not 

required, and none has been prepared. 

This action does not contain a 

collection-of-information requirement 

for purposes of the Paperwork 

Reduction Act. There are no relevant 

Federal rules that may duplicate, 

overlap, or conflict with the proposed 

action. 

List of Subjects in 50 CFR Part 660 

Fisheries, Fishing, Reporting and 

recordkeeping requirements. 

Dated: September 26, 2023. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs,National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 660 is proposed 

to be amended as follows: 

PART 660—FISHERIES OFF WEST 

COAST STATES 

■ 1. The authority citation for part 660 

continues to read as follows: 

Authority: 16 U.S.C. 1801 et seq., 16 

U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq. 

■ 2. In § 660.511, revise paragraphs 

(i)(1) and (2) to read as follows: 

§ 660.511 Catch restrictions. 

* * * * * 

(i) * * * 

(1) For the Pacific mackerel fishing 

season July 1, 2023, through June 30, 

2024, the harvest guideline is 7,871 mt 

and the ACT is 6,871 mt; and 

(2) For the Pacific mackerel fishing 

season July 1, 2024, through June 30, 

2025, the harvest guideline is 8,943 mt 

and the ACT is 7,943 mt. 

* * * * * 

[FR Doc. 2023–21410 Filed 9–28–23; 8:45 am] 

BILLING CODE 3510–22–P 


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