[Federal Register Volume 83, Number 6 (Tuesday, January 9, 2018)]
[Proposed Rules]
[Pages 1009-1012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00084]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 170901860-7999-01]
RIN 0648-BH18


Fisheries Off West Coast States; Coastal Pelagic Species 
Fisheries; Multi-Year Annual Catch Limits for the Finfish Stocks in the 
Monitored Stock Category

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

ACTION: Proposed rule.

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SUMMARY: NMFS issues this proposed rule to amend the regulations 
governing the fisheries for Coastal Pelagic Species (CPS) off the West 
coast to include annual catch limits (ACLs, which are the maximum 
allowable fishing levels for each year, for certain monitored finfish 
stocks (jack mackerel, central population of northern anchovy, northern 
subpopulation of northern anchovy) under the CPS Fishery Management 
Plan (FMP). A final rule published October 26, 2016, established these 
ACLs for the 2017 fishing year only; the purpose of this proposed rule 
is to codify these ACLs so they remain effective until revised through 
some future rulemaking. If the ACL for any one of these stocks is 
reached or projected to be reached, then fishing for that stock will be 
closed until it reopens at the start of the next fishing season. This 
rule is intended to conserve and manage these stocks off the U.S. West 
Coast.

DATES: Comments must be received by February 8, 2018.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2017-0155, by any of the following methods:
    <bullet> Electronic Submissions: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to

[[Page 1010]]

www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0155, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
    <bullet> Mail: Submit written comments to Barry A. Thom, Regional 
Administrator, West Coast Region, NMFS, 501 W. Ocean Blvd., Ste. 420, 
Long Beach, CA 90802-4250; Attn: Joshua Lindsay.
    <bullet> Instructions: Comments must be submitted by one of the 
above methods to ensure that the comments are received, documented, and 
considered by NMFS. Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered. 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.) submitted voluntarily by the 
sender will be publicly accessible. Do not submit confidential business 
information, or otherwise sensitive or protected information. NMFS will 
accept anonymous comments (enter ``N/A'' in the required fields if you 
wish to remain anonymous).

FOR FURTHER INFORMATION CONTACT: Joshua Lindsay, West Coast Region, 
NMFS, (562) 980-4034.

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 Pacific Fishery Management Council (Council) 
pursuant to the Magnuson-Stevens Fishery Conservation and Management 
Act (MSA), 16 U.S.C. 1801 et seq. The six species managed under the CPS 
FMP are Pacific sardine, Pacific mackerel, jack mackerel, northern 
anchovy (northern and central subpopulations), market squid and krill. 
The CPS FMP is implemented by regulations at 50 CFR part 660, subpart 
I.
    Management unit stocks in the CPS FMP are classified under three 
management categories: Active, monitored and prohibited harvest 
species. Stocks in the active category (Pacific sardine and Pacific 
mackerel) are managed by regular stock assessments and periodic or 
annual adjustments of target harvest levels based on those stock 
assessments. Fisheries for these stocks have biologically significant 
levels of catch, or biological or socioeconomic considerations 
requiring this type of relatively intense harvest management 
procedures. In contrast, stocks in the monitored category (jack 
mackerel, northern anchovy, and market squid \1\), are managed by means 
of qualitative comparison to available abundance data without regular 
stock assessments or annual adjustments to target harvest levels, and 
then tracking landings against the relevant ACL to ensure overfishing 
does not occur. Fisheries for monitored stocks do not have biologically 
significant catch levels and, therefore, do not require intensive 
harvest management. As a result, monitored stocks have been adequately 
managed by tracking landings and examining available abundance indices. 
Species in both categories may be subject to management measures such 
as catch allocation, gear regulations, closed areas, closed seasons, or 
other forms of regulation. For example, trip limits and a limited entry 
permit program are already in place for all CPS finfish. The prohibited 
harvest species category is comprised only of krill, which is managed 
by a prohibition on targeting and retention.
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    \1\ Market squid is statutorily exempt from the general 
requirement to be managed using an ACL because of their short life-
cycle.
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    In September 2011, NMFS approved Amendment 13 to the CPS FMP, which 
modified the framework process used to set and adjust fishery 
specifications and for setting ACLs and accountability measures (AMs). 
Amendment 13 conformed the CPS FMP with the 2007 amendments to the MSA 
and the NMFS revised MSA National Standard 1 (NS1) guidelines at 50 CFR 
600.310, which for the first time required ACLs be established for 
management unit species (with exceptions). Specifically, Amendment 13 
maintained the existing reference points and the primary harvest 
control rules for the monitored stocks (jack mackerel, northern anchovy 
and market squid), including the large uncertainty buffer built into 
the acceptable biological catch (ABC) control rule for the finfish 
stocks, as well as the overfishing criteria for market squid, but 
modified these reference points and control rules to align with the 
revised NS1 guidelines and to comply with the new statutory requirement 
to establish a process for setting ACLs and AMs. This included a 
default management framework under which the overfishing limit (OFL) 
for each monitored stock was set equal to their existing maximum 
sustainable yield (MSY) value, if available, and ABC values were 
reduced from the OFL by 75 percent as an uncertainty buffer (in 
accordance with the existing ABC control rule, under which ABC equals 
25 percent of OFL/MSY). ACLs are then set either equal to or lower than 
the ABC; annual catch targets (ACTs), if deemed necessary, can be set 
less than or equal to the ACL, primarily to account for potential 
management uncertainty.
    Compared to the management framework for stocks in the active 
category, which utilizes annual estimates of biomass to calculate the 
applicable annual harvest levels, the ACLs for the monitored finfish 
stocks are not based on annual estimates of biomass or any single 
estimate of biomass. As described above, ACLs for monitored finfish are 
set at the ABC levels, which are no higher than 25 percent of the OFLs. 
OFLs are set equal to MSY--an estimate that is intended to reflect the 
largest average fishing mortality rate or yield that can be taken from 
a stock over the long term. Although the control rules and harvest 
policies for monitored CPS stocks are simpler than the active category 
control rules, the inclusion of a large non-discretionary buffer 
between the OFL and ABC both protects the stock from overfishing and 
allows for a small sustainable harvest. In recognition of the low 
fishing effort and landings for these stocks, the Council chose this 
type of passive framework to manage monitored finfish because the 
passive framework has proven sufficient to prevent overfishing while 
allowing for sustainable annual harvests even when the year-to-year 
biomasses of these stocks fluctuate.
    Although the OFLs and ABCs for these monitored finfish stocks were 
previously established and are not being revised by this rulemaking, 
understanding these values is relevant to ACLs because generally the 
ACL for monitored stocks is expected to be set at ABC. Per the 
framework that was established through Amendment 13, the OFLs for the 
central subpopulation of northern anchovy and jack mackerel were set 
based on MSY values that were established through Amendment 8 to the 
FMP. In 2015, Amendment 14 to the CPS FMP established an 
F<INF>MSY</INF> of 0.3 as the MSY reference point for the northern 
subpopulation of northern anchovy in the CPS FMP. However, because the 
framework in the FMP for setting ABCs is based on applying a percentage 
to numerical MSY/OFLs, it was necessary to determine a numerical OFL 
value through the specifications process. Because the northern 
subpopulation of the northern anchovy is currently lightly fished and 
effort has been inconsistent over time, it was determined that using a 
catch time series as a way of setting the OFL was not appropriate, as 
it likely was an unreliable indicator of stock status.

[[Page 1011]]

Therefore, the best available scientific information on the population 
and biology of northern subpopulation northern anchovy was compiled to 
develop an OFL. The available information included two separate 
estimates of biomass, and the average of these two estimates was 
approximately 130,000 mt. After reviewing this information, the SSC 
recommended that the OFL be set by multiplying the average of these two 
biomass estimates (130,000 mt), by an F<INF>MSY</INF> 0.3. This 
calculation results in an OFL of 39,000 mt, and with the established 
uncertainty buffer of 75 percent, an ABC of 9,750 mt.
    Through this action, NMFS is proposing to codify in 50 CFR part 660 
subpart I ACLs for the three populations of CPS finfish, which were 
implemented for calendar year 2017 in the final rule published on 
October 26, 2016, at 81 FR 74309.\2\ The ACLs are: Jack mackerel, 
31,000 mt; northern subpopulation of northern anchovy, 9,750 mt; and, 
central subpopulation of northern anchovy, 25,000 mt. These ACLs were 
recommended to NMFS by the Council, and were based on recommendations 
from its advisory bodies according to the framework in the FMP 
established through Amendment 13.
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    \2\ An annual catch target of 1,500 mt for the northern 
subpopulation of northern anchovy was also established by the 
October 26, 2016, final rule, but is used for internal monitoring 
rather than regulating the public and therefore need not be 
codified.
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    NMFS notes that although the proposed ACLs are equal to their 
respective ABCs, NMFS has determined that they are still at a level 
such that overfishing will not occur. The management framework, 
including the buffer between the OFL and ABC built into the harvest 
policy for CPS stocks in the monitored category, was recommended by the 
Council's SSC, adopted by the Council and approved by NMFS as supported 
by the best available science and as determined in a manner that 
appropriately accounts for the various types of scientific uncertainty 
surrounding the OFL. This framework for accounting for uncertainty was 
subsequently used to establish the existing OFLs and ABCs for these 
stocks, and NMFS does not propose to revise the existing OFLs and ABCs 
by this proposed rule. Additionally, setting lower ACLs or establishing 
additional ACTs to account for management uncertainty is unnecessary at 
this time, as managers have the ability to manage and track the 
landings of these fisheries to ensure the ACLs are not exceeded. 
Catches of the three finfish stocks in the monitored category--northern 
anchovy (northern and central subpopulations) and jack mackerel--have 
remained well below their respective ACL (previously ABC) levels since 
implementation of the CPS FMP in 2000, with average catches in the ten-
year period from 2006-2015 of approximately 8,000 mt, 295 mt, and 580 
mt for the central and northern subpopulations of northern anchovy and 
jack mackerel, respectively.
    This proposed action will allow the proposed ACLs to remain in 
place for each subsequent calendar year until changed. The Council and 
NMFS would consider future changes if landings increase and 
consistently reach the ABC/ACL level, if new scientific information 
becomes available to warrant changes, or if changes are made in the 
future to the existing ABCs or OFLs. The ACLs proposed in this action 
provide a means to monitor these stocks on an annual basis and prevent 
overfishing, as each year the total harvest of each stock will be 
assessed against their respective ACLs. These ACLs would remain in 
place until changed according to the FMP framework. Except for the 
northern subpopulation of northern anchovy, the OFL and ABC 
specifications for the rest of these stocks have already been set in 
the FMP, and NMFS is not establishing or revising them by this action. 
The OFL and ABC specifications for the northern subpopulation of 
northern anchovy were established in the final rule published October 
26, 2016, which established these ACLs for the 2017 fishing year only.
    If an ACL is reached, or is expected to be reached for one of these 
fisheries, the directed fishery would be closed until the beginning of 
the next fishing season. The NMFS West Coast Regional Administrator 
would publish a notice in the Federal Register announcing the date of 
any such closure. Additionally, nearing or exceeding one of these ACLs 
would trigger a review of whether the fishery should be moved into the 
actively managed category of the FMP.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery 
Conservation and Management Act, the NMFS Assistant Administrator has 
determined that this proposed rule is consistent with the CPS FMP, 
other provisions of the Magnuson-Stevens Fishery Conservation and 
Management Act, and other applicable law.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) that this proposed rule, if adopted, would not 
have a significant economic impact on a substantial number of small 
entities, for the reasons described below.
    The primary action being implemented through this rule as it 
relates to potential economic impacts on small entities is the 
codification of multi-year ACLs for the two sub-stocks of northern 
anchovy and for jack mackerel in the U.S. EEZ off the West coast. The 
CPS FMP and its implementing regulations require NMFS to set ACLs for 
these fisheries based on the harvest control rules in the FMP.
    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 average annual per vessel revenue in 2016 for the West Coast 
CPS finfish small purse seine fleet, as well as the few vessels that 
target anchovy off of Oregon and Washington, was below $11 million; 
therefore, all of these vessels are considered small businesses under 
the SBA size standards. Because each affected vessel is a small 
business, this proposed rule has an equal effect on all of these small 
entities, and therefore will impact a substantial number of these small 
entities in the same manner. The corresponding annual revenues from 
these species averaged to about $62,000 and $1,900,000, for jack 
mackerel and northern anchovy, respectively.
    The entities that would be affected by the proposed action are the 
vessels that harvest jack mackerel and northern anchovy as part of the 
West Coast CPS purse seine fleet. Jack mackerel and northern anchovy 
are components of the CPS purse seine fishery off the U.S. West Coast, 
which generally fishes a complex of species, including Pacific sardine, 
Pacific mackerel and market squid. Currently there are 58 vessels 
permitted in the Federal CPS limited entry fishery off California. 
Annually over the past 5 years, as few as 2 and as many as 57 (an 
average 22) of these CPS vessels landed anchovy and jack mackerel. 
Approximately 26 baitfish licenses are issued annually in the state of 
Washington to harvest northern

[[Page 1012]]

anchovy. Since 2009, the state of Oregon has not required a permit to 
harvest anchovy in Oregon waters. Jack mackerel is currently not fished 
in Oregon and Washington.
    To evaluate whether this proposed rule could potentially reduce the 
profitability of the affected vessels, NMFS compared current and 
average recent historical landings to the ACLs that would be codified 
in this proposed rule, if approved. The multi-year ACL (maximum fishing 
level for each year) for the central subpopulation of northern anchovy 
is 25,000 mt and for the northern subpopulation ACL is 9,750 mt. In 
2016, 6,644 mt of the central population of northern anchovy and 7,263 
mt of the northern subpopulation of northern anchovy were landed. The 
annual average harvest from 2007 to 2016 for the central and northern 
subpopulations of northern anchovy is 7,400 mt and 910 mt, 
respectively. The jack mackerel ACL is 31,000 mt. In 2016, 
approximately 374 mt of jack mackerel were landed and average annual 
landings of jack mackerel over the last 10 years (2007-2016) was 662 
mt. Prior landings of these stocks have been well below the proposed 
ACLs. Therefore, although codifying ACLs for these stocks is considered 
a new management measure for these fisheries, based on current and 
historical landings of these stocks, this proposed action is not 
expected to result in changes in fishery operations. As a result, it is 
unlikely that the ACLs that would be codified in this rule, if 
approved, would limit the profitability of the fleets catching these 
stocks. Therefore, this action would not have any economic impact, let 
alone impose a significant economic impact on any of the small entities 
participating in these fisheries.
    Based on the analysis above, the proposed action, if adopted, would 
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.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: January 2, 2018.
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

0
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.

0
2. In Sec.  660.509, paragraph (a) is revised to read as follows:


Sec.  660.509   Accountability measures (season closures).

    (a) General rule. When the directed fishery allocation, incidental 
allocation, or an annual catch limit is reached for any CPS species it 
shall be closed until the beginning of the next fishing period or 
season. Regional Administrator shall announce in the Federal Register 
the date of such closure, as well as any incidental harvest level(s) 
recommended by the Council and approved by NMFS.
* * * * *
0
3. In Sec.  660.511, a new paragraph (i) is added to read as follows:


Sec.  660.511  Catch restrictions.

* * * * *
    (i) The following ACLs apply to fishing for monitored stocks of CPS 
finfish:
    (1) Jack mackerel: 31,000 mt.
    (2) Northern Anchovy (N. Subpopulation): 9,750 mt.
    (3) Northern Anchovy (Central Subpopulation): 25,000 mt.

[FR Doc. 2018-00084 Filed 1-8-18; 8:45 a.m.]
 BILLING CODE 3510-22-P