39384 Federal Register / Vol. 87, No. 126 / Friday, July 1, 2022 / Rules and Regulations 

Angling category season opened January 

1, 2022, and continues through 

December 31, 2022. The Angling 

category baseline quota is 232.4 metric 

tons (mt), of which 5.3 mt is allocated 

for the harvest of large medium and 

giant (trophy) BFT by vessels fishing 

under the Angling category quota, with 

1.8 mt allocated for each of the 

following areas: North of 39°18′ N lat. 

(off Great Egg Inlet, NJ; the ‘‘northern 

area’’); south of 39°18′ N lat. and outside 

the Gulf of Mexico (the ‘‘southern 

area’’); and in the Gulf of Mexico. 

Trophy BFT measure 73 inches (185 cm) 

curved fork length or greater. 

Angling Category Large Medium and 

Giant Northern Area ‘‘Trophy’’ Fishery 

Closure 

Based on landings data from the 

NMFS Automated Catch Reporting 

System, as well as average catch rates 

and anticipated fishing conditions, 

NMFS has determined that the codified 

Angling category northern area trophy 

BFT subquota of 1.8 mt has been 

reached and exceeded. Therefore, 

retaining, possessing, or landing large 

medium or giant (i.e., measuring 73 

inches (185 cm) curved fork length or 

greater) BFT north of 39°18′ N lat. by 

persons aboard HMS Angling and HMS 

Charter/Headboat permitted vessels 

(when fishing recreationally) must cease 

at 11:30 p.m. local time on June 29, 

2022. This closure will remain effective 

through December 31, 2022. This action 

applies to HMS Angling and HMS 

Charter/Headboat permitted vessels 

when fishing recreationally for BFT, and 

is taken consistent with the regulations 

at § 635.28(a)(1). This action is intended 

to prevent overharvest of the Angling 

category northern area trophy BFT 

subquota. NMFS previously closed the 

2022 trophy BFT fishery in the southern 

area on February 12, 2022 (87 FR 8983, 

February 17, 2022) and in the Gulf of 

Mexico area on May 17, 2022 (87 FR 

30838, May 20, 2022). Therefore, with 

this closure of the northern area trophy 

BFT fishery, the Angling category 

trophy BFT fishery will be closed in all 

areas for 2022. 

If needed, subsequent Angling 

category adjustments will be published 

in the Federal Register. Information 

regarding the Angling category fishery 

for Atlantic tunas, including daily 

retention limits for BFT measuring 27 

inches (68.5 cm) to less than 73 inches 

(185 cm) and any further Angling 

category adjustments, is available at 

hmspermits.noaa.gov or by calling 978– 

281–9260. HMS Angling and HMS 

Charter/Headboat permit holders may 

catch and release (or tag and release) 

BFT of all sizes, subject to the 

requirements of the catch-and-release 

and tag-and-release programs at 

§ 635.26. Anglers are also reminded that 

all BFT that are released must be 

handled in a manner that will maximize 

survival, and without removing the fish 

from the water, consistent with 

requirements at § 635.21(a)(1). For 

additional information on safe handling, 

see the ‘‘Careful Catch and Release’’ 

brochure available at https://

www.fisheries.noaa.gov/resource/ 

outreach-and-education/careful-catchand-release-brochure/. 

HMS Angling and Charter/Headboat 

permitted vessel owners are required to 

report the catch of all BFT retained or 

discarded dead, within 24 hours of the 

landing(s) or end of each trip, by 

accessing hmspermits.noaa.gov, using 

the HMS Catch Reporting app, or calling 

888–872–8862 (Monday through Friday 

from 8 a.m. until 4:30 p.m.). 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act and regulations at 50 CFR part 635 

and is exempt from review under 

Executive Order 12866. 

The Assistant Administrator for 

NMFS finds that it is impracticable and 

contrary to the public interest to provide 

prior notice of, and an opportunity for 

public comment on, this action for the 

following reasons: 

The regulations implementing the 

2006 Consolidated HMS FMP and its 

amendments provide for inseason 

adjustments and fishery closures to 

respond to the unpredictable nature of 

BFT availability on the fishing grounds, 

the migratory nature of this species, and 

the regional variations in the BFT 

fishery. This fishery is currently 

underway and delaying this action 

could result in excessive trophy BFT 

landings that may result in future 

potential quota reductions for the 

Angling category, depending on the 

magnitude of a potential Angling 

category overharvest. NMFS must close 

the northern area trophy BFT fishery 

before additional landings of these sizes 

of BFT occur. Therefore, the Assistant 

Administrator for NMFS finds good 

cause under 5 U.S.C. 553(b)(B) to waive 

prior notice and the opportunity for 

public comment. For all of the above 

reasons, there is good cause under 5 

U.S.C. 553(d) to waive the 30-day delay 

in effectiveness. 

Authority: 16 U.S.C. 971 et seq. and 1801 

et seq. 

Dated: June 28, 2022. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2022–14142 Filed 6–29–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No: 220627–0142; RTID 0648– 

XB877] 

Fisheries Off West Coast States; 

Coastal Pelagic Species Fisheries; 

Annual Specifications; 2022–2023 

Annual Specifications and 

Management Measures for Pacific 

Sardine 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS is implementing 

annual harvest specifications and 

management measures for the northern 

subpopulation of Pacific sardine 

(hereafter, Pacific sardine), for the 

fishing year, which runs from July 1, 

2022, through June 30, 2023. 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 2022–2023 

Pacific sardine fishing year is 4,274 

metric tons. This final rule is intended 

to conserve and manage the Pacific 

sardine stock off the U.S. West Coast. 

DATES: Effective June 30, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Taylor Debevec, West Coast Region, 

NMFS, (562) 619–2052, 

Taylor.Debevec@noaa.gov. 

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 


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Federal Register / Vol. 87, No. 126 / Friday, July 1, 2022 / Rules and Regulations 39385 

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 

(MSA), 16 U.S.C. 1801 et seq. 

This final rule implements the annual 

catch levels, reference points, and 

management measures for the 2022– 

2023 fishing year. The final rule adopts, 

without changes, the catch levels and 

restrictions that NMFS proposed in the 

rule published on May 9, 2022. 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 (87 FR 

27557). 

This final rule implements an OFL of 

5,506 metric tons (mt) and an ABC/ 

annual catch limit (ACL) of 4,274 mt, 

based on CPS FMP control rules and a 

biomass estimate of Pacific sardine of 

27,369 mt. This biomass estimate is 

from the 2022 update stock assessment, 

which was identified by the Council’s 

Scientific and Statistical Committee to 

represent the best scientific information 

available for management of Pacific 

sardine. Per the CPS FMP, because the 

estimated biomass is less than 150,000 

mt (i.e., the Rebuilding target and 

CUTOFF in the harvest guideline 

control rule), the primary directed 

fishery is set to 0 mt, meaning there is 

no primary directed fishery for Pacific 

sardine. This is the eighth consecutive 

year the primary directed fishery has 

been closed. Because the estimated 

biomass is below the minimum stock 

size threshold (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. Although 

these management measures, triggered 

by the FMP, are expected to keep catch 

far below the ACL as they have done in 

recent history, this rule also implements 

an annual catch target (ACT) of 3,800 mt 

and implements management measures 

intended to ensure harvest opportunity 

throughout the year. 

A summary of the 2022–2023 fishing 

year specifications can be found in 

Table 1, and management measures are 

summarized in the list below Table 1. 

TABLE 1—HARVEST SPECIFICATIONS FOR THE 2022–2023 SARDINE FISHING YEAR IN METRIC TONS (mt) 

Biomass estimate OFL ABC HG ACL ACT 

27,369 .......................................................................................................................... 5,506 4,274 0 4,274 3,800 

Following are the management 

measures for commercial sardine 

harvest during the 2022–2023 fishing 

year: 

(1) If landings in the live bait fishery 

reach 1,800 mt of Pacific sardine, then 

a 1 mt per-trip limit of sardine would 

apply to the live bait fishery. 

(2) An incidental per-landing limit of 

20 percent (by weight) of Pacific sardine 

applies to other CPS primary directed 

fisheries (e.g., Pacific mackerel). 

(3) If the ACT of 3,800 mt is attained, 

then a 1-mt per-trip limit of Pacific 

sardine landings 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 Pacific sardine 

would apply to non-CPS fisheries until 

the ACL is reached. 

All sources of catch, including any 

exempted fishing permit (EFP) setasides, 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. At the April 2022 Council 

meeting, the Council approved 830 mt 

of the ACL for three EFP proposals to 

support stock assessments for Pacific 

sardine. If the effective date of this final 

rule is after July 1, 2022, any Pacific 

sardine harvested between July 1, 2022, 

and the effective date will count toward 

the 2022–2023 ACT. 

The NMFS West Coast Regional 

Administrator will publish notification 

in the Federal Register to announce 

when catch reaches the incidental limits 

as well as any resulting changes to 

allowable incidental catch percentages. 

Additionally, to ensure 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. 

Comments and Responses 

On May 9, 2022, NMFS published a 

proposed rule for this action and 

solicited public comments through May 

24, 2022 (87 FR 27557). NMFS received 

two public comments—one from the 

industry group California Wetfish 

Producers Association (Association) and 

one from the environmental group 

Oceana. The Association supported the 

proposed rule in its entirety. After 

considering the public comments, 

NMFS made no changes from the 

proposed rule. NMFS summarizes and 

responds to the comment from Oceana 

below. 

Comment: Oceana supported the 

prohibition on directed fishing for 

Pacific sardine, but recommended that 

NMFS: use a different E (maximum 

sustained yield (MSY)—fishing rate) 

value to calculate the OFL and ABC; use 

survey results without the distribution 

factor instead of the model-based stock 

assessment to set limits, or incorporate 

additional precautionary buffers if using 

the assessment; set the ACL no higher 

than 800 mt; limit the incidental catch 

allowance to no more than 10 percent; 

and reduce allowable catch levels for 

the live bait fishery. In addition to those 

recommendations on the proposed rule, 

Oceana also recommended what they 

state are necessary reforms to various 

aspects of Pacific sardine management. 

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. These include 

Oceana’s recommendations to: revise 

the EMSY formula; change the fishing 

season dates to January 1–December 31 

to align with using survey data 

estimates; change the distribution factor; 

increase the cutoff factor; and 

coordinate international management of 

the fishery. NMFS will consider these 

recommendations as appropriate in 

future related discussions on sardine 

management. But because they are not 

within the scope of this action, they will 

not be addressed with a response here. 

Response: As it relates to the 

comment that NMFS should use an 

EMSY of 5 percent to calculate the OFL 

and ABC, NMFS has determined that 

the OFL and ABC being implemented 

through this action will prevent 


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39386 Federal Register / Vol. 87, No. 126 / Friday, July 1, 2022 / Rules and Regulations 

overfishing and are supported by the 

best scientific information available. 

Oceana claimed that the EMSY fishing 

rate and distribution factor NMFS used 

‘‘are overestimated, resulting in an OFL 

that does not prevent overfishing;’’ 

however, we note that overfishing has 

never occurred in this fishery. 

Additionally, the reference points 

proposed for the 2022–2023 fishing year 

were recommended by the Council’s 

SSC and determined by them to 

represent the best available science and 

are based on the formulas in the CPS 

FMP, including the formula adopted for 

calculating EMSY. Regarding recent 

Council discussions related to EMSY, 

NMFS notes that the Council’s SSC—the 

scientific advisory body that is 

responsible for recommending changes 

to EMSY—can (as it has done in the past) 

recommend changes to EMSY at any time 

if the best available science warrants 

such a revision, and it has not 

determined that a change is necessary at 

this time. 

NMFS is aware of the 2019 scientific 

publication referenced by Oceana in 

their comment letter and of ongoing 

Council discussions related to EMSY.

NMFS is committed to participating in 

discussions about new science and 

whether that science justifies a change 

to how EMSY is calculated for 

management purposes. Regarding the 

2019 paper mentioned by Oceana that 

was authored by researchers at the 

SWFSC, NMFS notes that research 

related to the appropriate temperature 

index to inform EMSY is ongoing. NMFS 

has not yet determined whether, based 

on that paper, a change in how EMSY is 

calculated is necessary for management 

purposes. NMFS will continue to 

examine whether this new publication 

warrants a change in management; 

however, as previously stated, NMFS 

has determined that the reference points 

set through this action are based on the 

best scientific information available. 

As it relates to the comment that 

NMFS base limits on acoustic trawl 

survey results (without the distribution 

factor) instead of the model-based stock 

assessment, this is out of the scope of 

this action; additionally this 

methodology has not been scientifically 

analyzed and therefore cannot be 

considered the best scientific 

information available at this time. 

NMFS disagrees with Oceana’s 

alternative suggestion (in the event the 

model is still used instead of the survey 

data, per Oceana’s initial suggestion) to 

increase the buffer between the OFL and 

ABC to account for uncertainty in the 

2022 stock assessment update. NMFS 

disagrees with this because the stock 

assessment was endorsed by the 

Council’s SSC as the best scientific 

information available for management, 

and NMFS determined that it represents 

the best available science for 

management as well. Oceana points to 

uncertainties in the stock assessment, 

but the ABC being implemented through 

this action is from the Council’s SSC, 

which is responsible for making ABC 

recommendations to the Council, and 

which already incorporates a buffer to 

account for uncertainty. The buffer 

between OFL and ABC for this year’s 

fishing season is appropriately smaller 

than the buffer between OFL and ABC 

for last year’s fishing season because the 

SSC determined that this year’s 

assessment is less uncertain than last 

year’s assessment due to the addition of 

new data. NMFS also notes that, 

contrary to Oceana’s assertions, there 

have been no ‘‘indications of overfishing 

in several previous years’’ that would 

warrant a more precautionary approach 

to setting the ABC. NMFS has therefore 

determined that it is not necessary to 

further reduce the ABC from the OFL to 

prevent overfishing. 

NMFS disagrees with Oceana’s 

recommendation that the ACL should be 

no higher than 800 mt. Further 

reductions in catch levels beyond those 

recommended by the Council are 

unnecessary at this time to rebuild the 

stock or for other reasons. The OFL/ 

ABC/ACL were all calculated in 

alignment with the rebuilding plan. The 

ACL should be viewed in the context of 

the OFL of 5,506 mt and the ABC of 

4,274 mt, which takes into account 

scientific uncertainty surrounding the 

OFL. The reference points being 

implemented through this action 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 

setting the 2022–2023 harvest 

specifications for Pacific sardine. In 

addition, the management measures 

adopted by the Council, including an 

ACT that was set even lower than the 

ACL (3,800 mt), are more than adequate 

to ensure catch does not exceed the 

ACL/ABC and OFL. The reference 

points implemented through this action 

should also be viewed in the context of 

the non-discretionary harvest 

restrictions already in place, pursuant to 

the CPS FMP, which generally restrict 

the fishery from catching the full ACL. 

These non-discretionary restrictions 

include the continued closure of the 

primary directed fishery (i.e., the largest 

fishery that takes the majority of Pacific 

sardine catch) and restrictions on 

incidental harvest of Pacific sardine in 

other CPS fisheries (which are currently 

less than half of typical incidental 

limits). The Council considered the 

overfished status of Pacific sardine, as 

well as the uncertainty around the 2022 

update assessment, and incorporated 

precautionary measures in their 

recommendations to NMFS to account 

for those factors. Those precautionary 

measures included: (1) deeming the 

assessment Tier 2; (2) using a P* value 

of 0.4; (3) reducing the ACT from the 

ACL; (4) reducing the EFP allowance 

from the requested amount; and (5) 

incorporating accountability measures. 

These accountability measures include: 

(1) limiting live bait landings to 1 mt per 

landing once 1,800 mt of sardine is 

attained; (2) imposing a per-trip limit of 

1 mt of sardine in all CPS fisheries once 

the ACT is attained; and (3) 

implementing an incidental per-landing 

allowance of 2 mt in non-CPS fisheries 

until the ACL is reached. 

As it relates to the comment that 

NMFS set the incidental catch 

allowance at 10 percent, NMFS notes 

that all harvest, regardless of how it is 

taken or at what level (i.e. 10 percent or 

20 percent), is accounted for under the 

OFL/ABC/ACL/ACT for this action, and 

these levels have been determined to 

prevent overfishing of Pacific sardine 

and support the rebuilding of the stock. 

Additionally, reducing the incidental 

catch allowance is not necessary to 

ensure these reference points are not 

exceeded, therefore NMFS does not see 

a justification to restrict this sector 

further than the low catch allowance 

already in place. 

Lastly, with regard to reducing 

allowable catch levels for the live bait 

fishery, Oceana does not outline to what 

level or why restricting this sector 

beyond the ways this sector is already 

restricted is necessary. This action 

implements a measure providing that, if 

the live bait fishery attains 1,800 mt, 

there will be a 1-mt trip limit on the live 

bait fishery; this measure provides for 

another precautionary step to ensure the 

ACL is not exceeded. 

Classification 

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

MSA, the NMFS Assistant 

Administrator has determined that this 

final rule is consistent with the CPS 

FMP, other provisions of the MSA, and 

other applicable law. 

There is good cause under 5 U.S.C. 

553(d)(3) to waive the 30-day delay in 

the date of effectiveness of these final 

harvest specifications for the 2022–2023 

Pacific sardine fishing season. In 

accordance with the FMP, this rule was 

recommended by the Council at its 

meeting in April 2022. The contents of 

this rule are based on the best scientific 


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Federal Register / Vol. 87, No. 126 / Friday, July 1, 2022 / Rules and Regulations 39387 

information available on the population 

status of Pacific sardine, which became 

available at that April 2022 meeting. 

Making these final specifications 

effective on July 1, the first day of the 

fishing year, 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 primary 

directed fishing for Pacific sardine for 

the 2022–2023 fishing year because the 

sardine biomass has dropped below the 

CUTOFF. The purpose of the CUTOFF 

in the FMP, and for prohibiting a 

primary directed fishery when the 

biomass drops below this level, is to 

protect the stock when biomass is low 

and provide a buffer of spawning stock 

that is protected from fishing and can 

contribute to rebuilding the stock. A 

delay of a full 30 days in the date of 

effectiveness for this rule would result 

in the re-opening of the primary 

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 have already been 

operating under a prohibition of the 

primary directed fishery for years, and 

are aware that the Council 

recommended that primary directed 

commercial fishing be prohibited again 

for the 2022–2023 fishing year, and are 

fully prepared to comply with the 

prohibition. 

This final rule is exempt from review 

under 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 during 

the proposed rule stage that this action 

would not have a significant economic 

impact on a substantial number of small 

entities for the purposes of the 

Regulatory Flexibility Act. The factual 

basis for the certification was published 

in the proposed rule (87 FR 27557, May 

9, 2022) and is not repeated here. As a 

result, a final regulatory flexibility 

analysis was not required and none was 

prepared. 

Pursuant to Executive Order 13175, 

this proposed rule was developed after 

meaningful consultation and 

collaboration with the Council’s tribal 

representative, 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. There are no relevant 

Federal rules that may duplicate, 

overlap, or conflict with the proposed 

action. 

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

Dated: June 27, 2022. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2022–14122 Filed 6–30–22; 8:45 am] 

BILLING CODE 3510–22–P 


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