[Federal Register Volume 80, Number 175 (Thursday, September 10, 2015)]
[Proposed Rules]
[Pages 54507-54510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-22781]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 150708591-5591-01]
RIN 0648-XE043


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 annual management measures and 
harvest specifications to establish the allowable catch levels (i.e. 
annual catch limit (ACL)/harvest guideline (HG)) for Pacific mackerel 
in the U.S. exclusive economic zone (EEZ) off the Pacific coast for the 
fishing season of July 1, 2015, through June 30, 2016. This rule is 
proposed pursuant to the Coastal Pelagic Species (CPS) Fishery 
Management Plan (FMP). The proposed 2015-2016 HG for Pacific mackerel 
is 21,469 metric tons (mt). This is the total commercial fishing target 
level. This action also proposes an annual catch target (ACT), of 
20,469 mt. If the fishery attains the ACT, the directed fishery will 
close, reserving the difference between the HG (21,469 mt) and ACT as a 
1,000 mt set-aside for incidental landings in other CPS fisheries and 
other sources of mortality. This proposed rule is intended to conserve 
and manage the Pacific mackerel stock off the U.S. West Coast.

[[Page 54508]]


DATES: Comments must be received by October 13, 2015.

ADDRESSES: You may submit comments on this document identified by NOAA-
NMFS-2015-0096, by any of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0096, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     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.
     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 2015-16 and 2016-2017 Fishing 
Years'' 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), and the biomass and the status of the 
fishery are reviewed and discussed. The biomass estimate is then 
presented to the Council along with the recommended overfishing limit 
(OFL) and acceptable biological catch (ABC) calculations from the SSC, 
along with the calculated ACL, HG and ACT recommendations, and comments 
from the Team and Subpanel. Following review by the Council and after 
reviewing public comment, the Council adopts a biomass estimate and 
makes its catch level recommendations to NMFS. NMFS manages the Pacific 
mackerel fishery in the U.S. EEZ off the Pacific coast (California, 
Oregon, and Washington) in accordance with the FMP. Annual 
specifications published in the Federal Register establish the 
allowable harvest levels (i.e. OFL/ACL/HG) for each Pacific mackerel 
fishing year. The purpose of this proposed rule is to implement the 
2015-2016 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 and control rules in the FMP. These 
control rules include the HG control rule, which in conjunction with 
the OFL and ABC rules in the FMP, are used to manage harvest levels for 
Pacific mackerel, in accordance with the Magnuson-Stevens Fishery 
Conservation and Management Act, 16 U.S.C. 1801 et seq. According to 
the FMP, the quota for the principal commercial fishery is determined 
using the FMP-specified HG formula. The HG is based, in large part, on 
the current estimate of stock biomass. 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 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 2015-2016 management season this is 120,435 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.
    At the June 2015 Council meeting, the Council adopted the ``Pacific 
Mackerel (Scomber japonicus) Stock Assessment for USA Management in the 
2015-16 and 2016-2017 Fishing Years'' completed by NMFS Southwest 
Fisheries Science Center and the resulting Pacific mackerel biomass 
estimate for use in the 2015-2016 fishing year of 120,435 mt. Based on 
recommendations from its SSC and other advisory bodies, the Council 
recommended and NMFS is proposing, an OFL of 25,291 mt, an ABC and ACL 
of 23,104 mt, a HG of 21,469 mt, and an ACT of 20,469 mt for the 
fishing year of July 1, 2015, to June 30, 2016. Additionally, the 
Council also adopted and recommended harvest specifications for the 
2016-2017 fishing year; however, currently NMFS is only proposing to 
implement the annual harvest measures for the 2015-2016 fishing year. A 
subsequent rule will be published later in the year that will propose 
the Council's recommendations for the 2016-2017 fishing year.
    Under this proposed action, upon attainment of the ACT, the 
directed fishing would close, reserving the difference between the HG 
and ACT (1,000 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 3 
mt of Pacific mackerel could be landed incidentally without landing any 
other CPS. Upon attainment of the HG (21,469 mt), no retention of 
Pacific mackerel would be allowed in CPS fisheries. In previous years, 
the incidental set-aside established in the mackerel fishery has been, 
in part, to ensure that if the directed quota for mackerel was reached 
that the operation of the Pacific sardine fishery was not overly 
restricted. There is no directed Pacific sardine fishery for the 2015-
2016 season, therefore the need for a high incidental set-aside is 
reduced. The purpose of the incidental set-aside and the allowance of 
an incidental fishery is to allow for 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.

[[Page 54509]]

    The NMFS West Coast Regional Administrator would 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 would 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 2015-16 Fishing Year'' and 
``Pacific Mackerel Biomass Projection Estimate for USA Management 
(2015-16)'' (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 because they contain no implementing regulations.
    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:
    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.
    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 2015-
2016 Pacific mackerel fishing season NMFS is proposing an OFL of 25,291 
metric tons (mt), an ABC and ACL of 23,104 mt, an HG of 21,469 mt and 
an ACT, which is the directed fishing harvest target, of 20,469 mt. 
These catch specifications are based on a biomass estimate of 120,435 
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; 
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.
    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 2014-2015 fishing year, the 
maximum fishing level was 29,170 mt and was divided into a directed 
fishing harvest target (ACT) of 24,170 mt and an incidental set-aside 
of 5,000 mt. Approximately 3,611 mt was harvested in 2014-2015 fishing 
season with an estimated ex-vessel value of approximately $940,000. The 
maximum fishing level for the 2015-2016 Pacific mackerel fishing season 
is 21,469 mt, with an ACT of 20,469 mt and an incidental set-aside of 
1,000 mt. If the fleet were to take the entire 2015-2016 ACT, the 
potential revenue to the fleet would be approximately $4.7 million 
(based on average ex-vessel price of $230 per mt during 2013-2014 and 
2014-2015), which is the same as what the estimated potential revenue 
was last year for the 2014-2015 season (which was 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

[[Page 54510]]

1.95% of the total revenue from CPS species and all fish species, 
respectively. However, as a result of the closing of the directed 
Pacific sardine fishery for the 2015-2016 fishing year, there is the 
potential for more effort to be shifted to Pacific mackerel resulting 
in increased landings and therefore increased revenue from mackerel.
    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.
    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. Because each 
affected vessel is a small business, this proposed action is considered 
to equally affect all of these small entities in the same manner.
    Based on the disproportionality and profitability analysis above, 
the proposed action, if adopted, will 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.

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

    Dated: September 2, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2015-22781 Filed 9-9-15; 8:45 am]
 BILLING CODE 3510-22-P