[Federal Register Volume 79, Number 202 (Monday, October 20, 2014)]
[Proposed Rules]
[Pages 62590-62592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24800]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 140811659-4659-01]
RIN 0648-XD437


Fisheries Off West Coast States; Coastal Pelagic Species 
Fisheries; Annual Specifications

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

ACTION: Proposed rule.

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SUMMARY: NMFS proposes to implement the annual catch limit (ACL), 
harvest guideline (HG), and associated annual reference points for 
Pacific mackerel in the U.S. exclusive economic zone (EEZ) off the 
Pacific coast for the fishing season of July 1, 2014, through June 30, 
2015. This rule is proposed pursuant to the Coastal Pelagic Species 
(CPS) Fishery Management Plan (FMP). The proposed 2014-2015 HG for 
Pacific mackerel is 29,170 metric tons (mt). This is the primary 
commercial fishing target level. The proposed annual catch target 
(ACT), which will be the directed fishing harvest target, is 24,170 mt. 
If the fishery attains the ACT, the directed fishery will close, 
reserving the difference between the HG (29,170 mt) and ACT as a 5,000 
mt set-aside for incidental landings in other CPS fisheries and other 
sources of mortality. This rule is intended to conserve and manage the 
Pacific mackerel stock off the U.S. West Coast.

DATES: Comments must be received by November 19, 2014.

ADDRESSES: You may submit comments on this document identified by NOAA-
NMFS-2014-0126 by any of the following methods:
    <bullet> Electronic Submissions: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0126, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
    <bullet> Mail: Submit written comments to William W. Stelle, Jr., 
Regional Administrator, West Coast Region, NMFS, 7600 Sand Point Way 
NE., Seattle, WA 98115-0070; 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). Attachments to electronic comments will be 
accepted in Microsoft Word or Excel, WordPerfect, or Adobe PDF file 
formats only.
    Copies of the report ``Pacific Mackerel (Scomber japonicus) Stock 
Assessment for USA Management in the 2011-12 Fishing Year'' and the 
report ``Pacific Mackerel Biomass Projection Estimate for USA 
Management (2014-15)'' may be obtained from the West Coast Regional 
Office (see ADDRESSES).

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

SUPPLEMENTARY INFORMATION: During public meetings each year, the 
estimated biomass for Pacific mackerel is presented to the Pacific 
Fishery Management Council's (Council) CPS Management Team (Team), the 
Council's CPS Advisory Subpanel (Subpanel) and the Council's Scientific 
and Statistical Committee (SSC), where the biomass and the status of 
the fisheries are reviewed and discussed. The biomass estimate is then 
presented to the Council along with the calculated overfishing limit 
(OFL), acceptable biological catch (ABC), ACL, HG and ACT 
recommendations and comments from the Team, Subpanel and SSC. Following 
review by the Council and after hearing public comment, the Council 
adopts a biomass estimate and makes its catch level recommendations to 
NMFS.
    The purpose of this proposed rule is to implement the 2014-2015 
ACL, HG, ACT and other annual catch reference points, including OFL and 
an ABC that takes into consideration uncertainty surrounding the 
current estimate of biomass for Pacific mackerel in the U.S. EEZ off 
the Pacific coast. The CPS FMP and its implementing regulations require 
NMFS to set these annual catch levels for the Pacific mackerel fishery 
based on the annual specification framework in the FMP. This framework 
includes a harvest control rule that

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determines the HG, the primary management target for the fishery for 
the current fishing season. The HG is based, in large part, on the 
current estimate of stock biomass. 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 
2014-2015 management season is 157,106 mt.
    2. Cutoff. This is the biomass level below which no commercial 
fishery is allowed. The FMP established 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.
    4. Distribution. The average portion of the Pacific mackerel 
biomass estimated in the U.S. EEZ off the Pacific coast is 70 percent 
and 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.
    In June 2014 the Council adopted and recommended to NMFS for the 
2014-2015 Pacific mackerel fishing season an OFL of 32,992 metric tons 
(mt), an ABC and ACL of 30,138 mt each, a HG of 29,170 mt, and an ACT 
of 24,170 mt. These catch specifications are based on the control rules 
established in the CPS FMP and a biomass estimate of 157,106 mt; the 
biomass estimate is the result of a 2011 full stock assessment as 
updated with a catch-only projection estimate. The annual biomass 
estimates are 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 Pacific mackerel fishing season runs from July 1 
to June 30.
    Upon attainment of the ACT, directed fishing would close, reserving 
the difference between the HG and ACT (5,000 mt) as a set aside for 
incidental landings in other CPS fisheries and other sources of 
mortality. For the remainder of the fishing year incidental landings 
would also be constrained to a 45 percent incidental catch allowance 
when Pacific mackerel are landed with other CPS (in other words, no 
more than 45 percent by weight of the CPS landed per trip may be 
Pacific mackerel), except that up to 1 mt of Pacific mackerel could be 
landed without landing any other CPS. Upon attainment of the HG (29,170 
mt), no retention of Pacific mackerel would be allowed in CPS 
fisheries. The purpose of the incidental set-aside and allowance of an 
incidental fishery is to allow for the restricted incidental landings 
of Pacific mackerel in other fisheries, particularly other CPS 
fisheries, when the directed fishery is closed to reduce potential 
discard of Pacific mackerel and allow for continued prosecution of 
other important CPS fisheries.
    The NMFS West Coast Regional Administrator will publish a notice in 
the Federal Register announcing the date of any closure to either 
directed or incidental fishing. Additionally, to ensure the regulated 
community is informed of any closure NMFS will also make announcements 
through other means available, including fax, email, and mail to 
fishermen, processors, and state fishery management agencies.
    Detailed information on the fishery and the stock assessment are 
found in the reports ``Pacific Mackerel (Scomber japonicus) Stock 
Assessment for USA Management in the 2011-12 Fishing Year'' and 
``Pacific Mackerel Biomass Projection Estimate for USA Management 
(2014-15)'' (see ADDRESSES).

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery 
Conservation and Management Act, the Assistant Administrator, NMFS, 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, subject to further 
consideration after public comment.
    These proposed specifications are 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 that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities, 
for the reasons as follows:
    The purpose of this proposed rule is to implement the 2014-2015 
annual specifications for Pacific mackerel in the U.S. EEZ off the 
Pacific coast.
    On June 12, 2014, the Small Business Administration (SBA) issued an 
interim final rule revising the small business size standards for 
several industries effective July 14, 2014 (79 FR 33467). The rule 
increased the size standard for Finfish Fishing from $19.0 to 20.5 
million, Shellfish Fishing from $5.0 to 5.5 million, and Other Marine 
Fishing from $7.0 to 7.5 million. 78 FR 33656, 33660, 33666 (See Table 
1). NMFS conducted its analysis for this action in light of the new 
size standards.
    As stated above, the SBA now defines small businesses engaged in 
finfish fishing as those vessels with annual revenues of or below $20.5 
million. Under the former, lower size standards, all entities subject 
to this action in previous years were considered small entities, and 
under the new standards, as described below, they all would continue to 
be considered small.
    Pursuant to the Regulatory Flexibility Act and the SBA's June 20, 
2013 and June 14, 2014 final rules (78 FR 37398 and 79 FR 33647, 
respectively), this certification was developed for this action using 
the SBA's revised size standards. NMFS considers all entities subject 
to this action to be small entities as defined by both the former, 
lower size standards and the revised size standards.
    The small entities that would be affected by the proposed action 
are those vessels that harvest Pacific mackerel as part of the West 
Coast CPS purse seine fleet. The CPS FMP and its implementing 
regulations requires NMFS to set an OFL, ABC, ACL, HG and ACT for the 
Pacific mackerel fishery based on the harvest control rules in the 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. For the 2014-
2015 Pacific mackerel fishing season NMFS is proposing an OFL of 32,992 
metric tons (mt), an ABC and ACL of 30,138 mt, an HG of 29,170 mt and 
an ACT, which is the directed fishing harvest target, of 24,170 mt. 
These catch specifications are based on a biomass estimate of 157,106 
mt.
    Pacific mackerel harvest is one component of CPS fisheries off the 
U.S. West Coast, which primarily includes the fisheries for 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. latitude; Point Arena, California) of 
the fishery. Currently there are 58 vessels permitted in the Federal 
CPS limited entry fishery off California of which about 25 to 39 
vessels have been annually engaged in harvesting Pacific mackerel in 
recent years (2009-2013). For those vessels that caught Pacific 
mackerel during that time, the average annual per vessel revenue has 
been about $1.25 million. The individual vessel revenue for these 
vessels is well below the SBA's threshold level of $20.5 million;

[[Page 62592]]

therefore, all of these vessels are considered small businesses under 
the RFA. Because each affected vessel is a small business, this 
proposed rule has an equal or similar effect on all of these small 
entities, and therefore will impact a substantial number of these small 
entities in the same manner.
    Additionally, since at least 2000, the vessels in the CPS purse 
seine fleet that fish for Pacific mackerel have never achieved annual 
revenue of $20.5 million from finfish fishing whether considering an 
individual vessel or per vessel average. The aggregate annual ex-vessel 
revenue from all fish species for the fleet that also landed Pacific 
mackerel has been less than $49 million (or about $1.25 million per 
vessel) in recent years. Excluding market squid (shellfish), the 
aggregate annual average ex-vessel revenue from finfish species for 
those vessels in the fleet that also landed Pacific mackerel is about 
$6 million (or $180,000 per vessel) in recent years.
    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 2013-2014 fishing year, the 
maximum fishing level was 52,358 mt and was divided into a directed 
fishing harvest target (ACT) of 39,268 mt and an incidental set-aside 
of 13,089 mt. Approximately 11,472 mt was harvested in 2013-2014 
fishing season with an estimated ex-vessel value of approximately $2.3 
million.
    The maximum fishing level for the 2014-2015 Pacific mackerel 
fishing season is 29,170 mt, with an ACT of 24,170 mt and an incidental 
set-aside of 5,000 mt. If the fleet were to take the entire 2014-2015 
ACT, the potential revenue to the fleet would be approximately $4.7 
million (based on average ex-vessel price of $193 per mt during 2012-
2013 and 2013-2014). However, this result will depend greatly on market 
forces within the fishery, and on the regional availability of the 
resource to the fleet and the fleets' ability to find schools of 
Pacific mackerel. The annual average U.S. Pacific mackerel harvest over 
the last decade (2001-2013) and in recent years (2009-2013) has been 
about 4,900 mt and 4,500 mt, respectively. In those periods, the 
landings have not exceeded 11,500 mt. The annual average landings 
during 2001-2013 and 2009-2013 were only about 20% and 15% of the 
annual average HGs, respectively. As a result, although this year's ACT 
represents a decrease compared to the previous fishing season, it is 
highly unlikely that the ACT proposed in this rule will limit the 
potential profitability to the fleet from catching Pacific mackerel. 
Accordingly, vessel income from fishing is not expected to be altered 
as a result of this rule as it compares to recent catches in the 
fishery, and specifically the fishery under the previous season's 
regulations.
    Additionally, revenue derived from harvesting Pacific mackerel is 
typically only one factor determining the overall revenue for a 
majority of the vessels that harvest Pacific mackerel; as a result, the 
economic impact to the fleet from the proposed action cannot be viewed 
in isolation. From year to year, depending on market conditions and 
availability of fish, most CPS vessels supplement their income by 
harvesting other species. Many vessels in California also harvest 
anchovy, sardine, and in particular market squid, making Pacific 
mackerel only one component of a multi-species CPS fishery. For 
example, in recent years the annual total fleet revenue from Pacific 
mackerel alone has ranged from about $200,000 to $1.5 million with 
average fleet revenue of about $800,000 (or $23,422 per vessel). Thus, 
the revenue from Pacific mackerel in the CPS fleet is a very small 
fraction of the revenue whether from CPS species or all fish species. 
The revenue from Pacific mackerel constitutes about 1.98% and 1.95% of 
the total revenue from CPS species and all fish species, respectively.
    These vessels typically rely on multiple species for profitability 
because abundance of mackerel, like the other CPS stocks, is highly 
associated with ocean conditions and different times of the year, and 
therefore are harvested at various times and areas throughout the year. 
Because each species responds to ocean conditions in its own way, not 
all CPS stocks are likely to be abundant at the same time; therefore, 
as abundance levels and markets fluctuate, it has necessitated that the 
CPS fishery as a whole rely on a group of species for its annual 
revenues. The proposed HG (maximum fishing level) for the 2014-2015 
Pacific mackerel fishing season is 29,170 mt, with an ACT of 24,170 mt, 
which is about 38% lower than the previous year as a result of the 
significantly reduced 2014-2015 biomass estimate.
    As stated above in the preamble, the CPS FMP and its implementing 
regulations require NMFS to calculate annual harvest levels by applying 
the harvest control rule formulas to the current stock biomass 
estimate. Therefore, if the estimated biomass decreases or increases 
from one year to the next, so do the applicable quotas. Determining the 
annual harvest levels merely implements the established procedures of 
the FMP with the goal of continuing to provide expected net benefits to 
the nation, regardless of what the specific annual allowable harvest of 
Pacific mackerel is determined to be.
    As a result of the factors provided above, 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.

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

    Dated: October 8, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2014-24800 Filed 10-17-14; 8:45 am]
BILLING CODE 3510-22-P