17352 Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Rules and Regulations 

incidentally caught halibut in the 

salmon troll and sablefish primary 

fisheries, which start April 1. Therefore, 

allowing the 2014 subarea allocations 

and Plan to remain in place would not 

respond to the needs of the fishery and 

would be in conflict with the Council’s 

final recommendation for 2015. For all 

of these reasons, a delay in effectiveness 

could ultimately cause economic harm 

to the fishing industry and associated 

fishing communities by reducing fishing 

opportunity later in the year to keep 

catch in the subareas within the lower 

2015 allocations or result in harvest 

levels inconsistent with the best 

available scientific information. As a 

result of the potential harm to fishing 

communities that could be caused by 

delaying the effectiveness of this final 

rule, NMFS finds good cause to waive 

the 30-day delay in effectiveness and 

make this rule effective upon 

publication in the Federal Register. 

List of Subjects in 50 CFR Part 300 

Administrative practice and 

procedure, Antarctica, Canada, Exports, 

Fish, Fisheries, Fishing, Imports, 

Indians, Labeling, Marine resources, 

Reporting and recordkeeping 

requirements, Russian Federation, 

Transportation, Treaties, Wildlife. 

Dated: March 26, 2015. 

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 300 is amended 

as follows: 

PART 300—INTERNATIONAL 

FISHERIES REGULATIONS 

Subpart E—Pacific Halibut Fisheries 

■ 1. The authority citation for part 300, 

subpart E continues to read as follows: 

Authority: 16 U.S.C. 773–773k. 

■ 2. In § 300.63, revise paragraphs (a), 

(c)(1) introductory text, (c)(3)(ii), and 

(c)(5), to read as follows: 

* * * * * 

§ 300.63 Catch sharing plan and domestic 

management measures in area 2A. 

(a) A catch sharing plan (CSP) may be 

developed by the Pacific Fishery 

Management Council and approved by 

NMFS for portions of the fishery. Any 

approved CSP may be obtained from the 

Administrator, West Coast Region, 

NMFS. 

* * * * * 

(c) * * * 

(1) The Regional Administrator, 

NMFS West Coast Region, after 

consultation with the Chairman of the 

Pacific Fishery Management Council, 

the Commission Executive Director, and 

the Fisheries Director(s) of the affected 

state(s), or their designees, is authorized 

to modify regulations during the season 

after making the following 

determinations: 

* * * * * 

(3) * * * 

(ii) Actual notice of inseason 

management actions will be provided by 

a telephone hotline administered by the 

West Coast Region, NMFS, at 206–526– 

6667 or 800–662–9825 (May through 

October) and by U.S. Coast Guard 

broadcasts. These broadcasts are 

announced on Channel 16 VHF–FM and 

2182 kHz at frequent intervals. The 

announcements designate the channel 

or frequency over which the notice to 

mariners will be immediately broadcast. 

Since provisions of these regulations 

may be altered by inseason actions, 

sport fishers should monitor either the 

telephone hotline or U.S. Coast Guard 

broadcasts for current information for 

the area in which they are fishing. 

* * * * * 

(5) Availability of data. The Regional 

Administrator will compile, in aggregate 

form, all data and other information 

relevant to the action being taken and 

will make them available for public 

review during normal office hours at the 

West Coast Regional Office, NMFS, 

Sustainable Fisheries Division, 7600 

Sand Point Way NE., Seattle, 

Washington. 

* * * * * 

[FR Doc. 2015–07329 Filed 3–31–15; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

RIN 0648–XD339 

Fisheries Off West Coast States; 

Coastal Pelagic Species Fisheries; 

Amendment 14 to the Coastal Pelagic 

Species Fishery Management Plan 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of agency decision. 

SUMMARY: NMFS announces the 

approval of Amendment 14 to the 

Coastal Pelagic Species (CPS) Fishery 

Management Plan (FMP). The purpose 

of Amendment 14 is to specify an 

estimate of maximum sustainable yield 

(MSY) for the northern subpopulation of 

northern anchovy in the CPS FMP. This 

action promotes the goals and objectives 

of the Magnuson-Stevens Fishery 

Conservation and Management Act, the 

FMP, and other applicable laws. 

DATES: The amendment was approved 

on March 23, 2015. 

ADDRESSES: Electronic copies of the CPS 

FMP as amended through Amendment 

14 are available from the Pacific Fishery 

Management Council (Council) Web site 

at: http://www.pcouncil.org/coastalpelagic-species/fishery-managementplan-and-amendments/. Requests for 

the list of references used in this 

document should be addressed to: 

NMFS, West Coast Region, Sustainable 

Fisheries Division, 501 West Ocean 

Blvd., Suite 4200, Long Beach, CA 

90802. c/o Joshua Lindsay 

FOR FURTHER INFORMATION CONTACT: 

Joshua B. Lindsay, Sustainable Fisheries 

Division, NMFS, at 562–980–4034 or 

Kerry Griffin, Pacific Fishery 

Management Council, at 503–820–2280. 

SUPPLEMENTARY INFORMATION: The CPS 

fishery in the U.S. exclusive economic 

zone (EEZ) off the West Coast is 

managed under the CPS FMP, which 

was developed by the Council pursuant 

to the Magnuson-Stevens Fishery 

Conservation and Management Act 

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

et seq. Species managed under the CPS 

FMP include Pacific sardine, Pacific 

mackerel, jack mackerel, northern 

anchovy, market squid and krill. The 

CPS FMP was approved by the Secretary 

of Commerce and was implemented by 

regulations at 50 CFR part 660, subpart 

I. 

The Magnuson-Stevens Act requires 

that each regional fishery management 

council submit proposed amendments 

to a fishery management plan to NMFS 

for review and approval, disapproval, or 

partial approval by the Secretary of 

Commerce (Secretary). The MagnusonStevens Act also requires that, upon 

receiving a fishery management plan 

amendment, NMFS immediately 

publish in the Federal Register a notice 

that the amendment is available for 

public review and comment. NMFS 

determined that Amendment 14 to the 

FMP is consistent with the MagnusonStevens Act and other applicable laws, 

and the Secretary approved Amendment 

14 on March 23, 2015. The December 

24, 2014, Notice of Availability contains 

additional information on this action. 

No changes to Federal regulations are 

necessary to implement Amendment 14. 

Amendment 14 will change the CPS 

FMP so that it now includes a 

specification of an estimate MSY for the 

northern subpopulation of northern 


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Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Rules and Regulations 17353 

anchovy. NMFS has determined that the 

specification of an FMSY of 0.3 as the 

MSY reference for the northern 

subpopulation of northern anchovy 

point as recommended by the Council is 

appropriate and supported by the best 

available information. 

At the November 2013 Council 

meeting the Council adopted an FMSY of 

0.3 as the best estimate of MSY for the 

northern subpopulation of northern 

anchovy and voted to amend the CPS 

FMP accordingly to include this 

reference point. This action was based 

on data compiled by the CPS 

Management Team and a 

recommendation by the Council’s 

Science and Statistical Committee 

(SSC). An FMSY equal to 0.3, the default 

exploitation rate for Pacific mackerel, a 

stock for which more information is 

known regarding stock variability and 

productivity, was deemed an 

appropriate specification of MSY by the 

SSC. This was deemed appropriate by 

the SSC because the best available 

information regarding northern anchovy 

shows that northern anchovy are likely 

to be at least as productive as Pacific 

mackerel, and likely have higher natural 

mortality, which would typically be 

associated with a higher FMSY. Speaking 

further to their recommendation of the 

FMSY, the SSC stated that due to both 

high uncertainty in the available 

biomass estimates and large fluctuations 

in stock biomass that are known to 

occur in species such as anchovy, a 

fixed biomass-based approach to 

specifying MSY would likely not be 

appropriate. Additionally, because the 

northern subpopulation of northern 

anchovy is lightly fished, with 

inconsistent effort over time, the 

existing time series of catch was likely 

an unreliable indicator of stock status 

and therefore determining a catch-based 

MSY would not be meaningful. 

The Notice of Availability for 

Amendment 14 was published in the 

Federal Register on December 24, 2014 

(79 FR 77426), with a 60-day comment 

period that ended on February 23, 2015. 

NMFS received one comment letter 

during the public comment period. No 

changes were made in response to these 

comments. NMFS summarizes and 

responds to that comment below. 

Comment: The majority of points 

raised in the comment were outside the 

scope of Amendment 14 and instead 

were related to the CPS FMP as a whole 

and/or other aspects of the management 

of the northern subpopulation of 

northern anchovy beyond the 

establishment of an MSY reference 

point, which is the purpose and 

substance of Amendment 14. Those 

comments will not be addressed here. 

However, NMFS found the comments 

valuable and will consider them for 

future management planning, and will 

ensure the Council is aware of the 

comments. Related to Amendment 14, 

the commenter questioned some of the 

scientific rationale underlying the MSY 

recommendation, specifically the 

commenter states that productivity is 

not constant and states that the MSY 

estimate does not account for the 

current productivity of the stock and 

may overestimate the productivity of the 

stock during periods of low natural 

recruitment, which the commenter 

states currently appears to be the case 

from recent NMFS, CalCOFI, and 

independent surveys and that the use of 

information on Pacific mackerel to help 

determine the estimate may not be 

appropriate. The commenter however 

did not state that the Amendment 

should not be approved and expressed 

encouragement by the establishment of 

this reference point. 

Response: NMFS agrees with the 

commenter that productivity of the 

northern subpopulation of northern 

anchovy is likely not constant over time. 

Much like other CPS stocks, the 

northern subpopulation of northern 

anchovy is likely subject to relatively 

large fluctuations in stock biomass that 

are driven by changes in environmental 

conditions. As described below, this 

specific life history trait was in fact part 

of the rationale for the SSC’s 

recommendation to the Council and 

subsequent adoption by the Council of 

an FMSY equal to 0.3 over a fixed 

biomass-based or catch-based MSY that 

may not fully take these factors into 

consideration. Additionally, NMFS 

points out that by definition MSY is a 

long-term average, therefore at times any 

estimate may be an overestimate or an 

underestimate, however, the MSY 

estimate is intended to reflect a fishing 

mortality rate that does not jeopardize 

the capacity of a stock or stock complex 

to produce MSY. 

As it relates to the specific 

information used to make the 

determination that an FMSY equal to 0.3 

is appropriate for use as the MSY 

reference point for the northern 

subpopulation of northern anchovy, 

NMFS has determined the best available 

scientific information was used. In 

addition, an FMSY equal to 0.3 was 

recommended to the Council by its SSC, 

the scientific advisory body to the 

Council tasked with making such 

recommendations based on the best 

available information. Although the 

commenter states that there is recent 

survey information that is contrary to 

this determination, no specific evidence 

or citations for this referenced 

information is provided to show that the 

a FMSY equal to 0.3 does not represent 

the best available science for estimating 

MSY for this stock. Furthermore, the 

commenter references the California 

Cooperative Oceanic Fisheries 

Investigations (CalCOFI) survey 

however this survey only occurs off of 

southern and south-central California, 

were as the southern extent of the 

habitat range for the northern 

subpopulation of northern anchovy is 

northern California. In making their 

recommendation on MSY the SSC 

reviewed all of the available information 

on the stock, which although limited, 

included information such as egg and 

larvae survey data, density and 

distribution data, stock productivity and 

vulnerability information and landings 

data, which was prepared and presented 

to them by the Council’s CPSMT 

(Agenda Item I.2.c, CPSMT Report 1, 

November 2010 and references 

contained within). Included in this 

scientific and fishery information, and 

specifically examined for potential use 

in estimating MSY, were (the only) two 

estimates of biomass: One from the 

1970s (Richardson 1981), and the other 

from an acoustic survey conducted by 

researchers at the Southwest Fisheries 

Science Center in 2008 as well as the 

historical time series of catch going back 

to the 1950s. In reviewing this 

information, however, the SSC noted 

that the available biomass estimates 

were uncertain and, because there were 

only two, they provided little 

information on the variability of stock 

biomass over time. Furthermore, the 

SSC also noted that because the 

northern subpopulation of anchovy has 

been lightly fished, with inconsistent 

effort, that the time series of catch was 

an unreliable indicator of annual stock 

status. It was therefore determined that 

because of the paucity of biomass data 

and the nature of the landings 

information, that a MSY estimate based 

either of these sources would not be 

representative of the biology of the 

stock, and that it would be more 

appropriate to use a rate-based approach 

to estimate MSY instead of biomass or 

catch-based method. 

Although general biological 

information on the northern 

subpopulation of northern anchovy 

exists, specific productivity information 

is limited; therefore the SSC looked at 

information available for the other CPS 

stocks to help determine an appropriate 

rate. For instance, the default 

exploitation rate for Pacific mackerel, a 

stock for which more information is 

known regarding stock variability and 

productivity (stock assessments for 


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17354 Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Rules and Regulations 

Pacific mackerel have occurred since 

1978, with annual assessments generally 

since 2000), is 0.3. Based on what 

information is known regarding 

northern anchovy, they are assumed to 

be at least as productive as Pacific 

mackerel, and likely have higher natural 

mortality (Patrick et al. 2009, PFMC 

1998, Crone et al. 2011) which would 

typically be associated with a higher 

FMSY. Therefore an FMSY equal to 0.3 

was deemed an appropriate 

specification of MSY by the SSC, for the 

northern subpopulation of northern 

anchovy, in part, because the previous 

determination of 0.3 as the default 

exploitation rate for Pacific mackerel 

and the existing knowledge of the two 

stocks. 

References Cited 

The complete citations for the references 

used in this document can be obtained by 

contacting NMFS (See ADDRESSES and FOR

FURTHER INFORMATION CONTACT). 

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

Dated: March 23, 2015. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2015–07289 Filed 3–31–15; 8:45 am] 

BILLING CODE 3510–22–P 


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