[Federal Register Volume 83, Number 120 (Thursday, June 21, 2018)]
[Rules and Regulations]
[Pages 28783-28784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13337]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 170901861-8524-02]
RIN 0648-BH08


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

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

ACTION: Final rule.

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SUMMARY: This final rule implements annual harvest specifications and 
management measures to establish allowable catch levels for Pacific 
mackerel for the fishing years 2017-2018 and 2018-2019. The harvest 
guideline (HG) and annual catch target (ACT) for the 2017-2018 fishing 
year are 26,293 metric tons (mt) and 25,293 mt, respectively. The HG 
and ACT for the 2018-2019 fishing year are 23,840 mt and 22,840 mt, 
respectively. The ACT serves as the primary directed commercial harvest 
quotas. If the fishery attains the ACT in either fishing year, the 
directed fishery will close, reserving the difference between the HG 
and ACT as a 1,000 mt set-aside for incidental landings in other 
fisheries. If the HG is reached, all retention would be prohibited 
through the end of the fishing year. This rule is intended to conserve 
and manage the Pacific mackerel stock off the U.S. West Coast.

DATES: Effective July 23, 2018 through June 30, 2019.

ADDRESSES: Copies of the report, ``Pacific Mackerel Biomass Projection 
Estimate for USA Management in 2017-2018 and 2018-2019'' may be 
obtained from the West Coast Regional Office, 501 W Ocean Blvd., Ste. 
4200, Long Beach, CA 90802-4250.

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

SUPPLEMENTARY INFORMATION: Under the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801 
et seq., NMFS manages the Pacific mackerel fishery in the U.S. 
Exclusive Economic Zone off the West Coast in accordance with the 
Coastal Pelagic Species (CSP) Fishery Management Plan (FMP). The CPS 
FMP and its implementing regulations require NMFS to set annual harvest 
specifications for the Pacific mackerel fishery based on the annual 
specification framework and control rules in the FMP. The control rules 
in the CPS FMP include the HG control rule, which in conjunction with 
the overfishing limit (OFL) and acceptable biological catch (ABC) 
rules, are used to manage harvest levels for Pacific mackerel. 
According to the FMP, the quota for the principal commercial fishery, 
the HG, is determined using the FMP-specified HG formula. The HG is 
based, in large part, on the current estimate of stock biomass. The 
biomass estimate is 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. More information on the Pacific Fishery 
Management Council's (Council) process for developing Pacific mackerel 
harvest specifications and more detail on the HG control rule are 
provided in the proposed rule for this action (82 FR 56204) and are not 
repeated here.
    The purpose of this final rule is to implement these harvest 
specifications, which include allowable harvest levels (ACT, HG, annual 
catch limit (ACL)), as well as annual catch reference points (OFL and 
ABC) that take into consideration uncertainty surrounding the current 
biomass estimates for Pacific mackerel for the 2017-2018 and 2018-2019 
fishing years. As described above, the Pacific mackerel HG control rule 
is the primary mechanism for setting the annual commercial fishery 
quota, however the Council recommended, and NMFS is implementing, ACTs 
under the HG that will trigger a closure of directed commercial fishing 
for Pacific mackerel and incidental harvest provisions. The reason for 
instituting an ACT and closing directed fishing at the ACT instead of 
all commercial catch at the HG, is that Pacific mackerel commonly 
school with other CPS; the 1,000 mt buffer between the ACT and HG would 
allow for the continued prosecution of these other important CPS 
fisheries after the ACT for Pacific mackerel is attained. The OFL is 
the catch level above which overfishing would be occurring and the ABC 
is set below the OFL to account for scientific uncertainty in the OFL. 
The ACL can be set equal to or less than the ABC if necessary to ensure 
overfishing does not occur and serves as the basis to invoke management 
controls that can prevent the ACL from being exceeded and to correct or 
mitigate overages of the ACL if they occur, and can be set no higher 
than the ABC.
    The Council recommended, and NMFS is implementing, Pacific mackerel 
harvest specifications and management measures for both the 2017-2018 
and 2018-2019 fishing years. For the 2017-2018 Pacific mackerel fishing 
year these include an OFL of 30,115 mt, an ABC and ACL of 27,510 mt, a 
HG of 26,293 mt, and an ACT of 25,293 mt. For the 2018-2019 Pacific 
mackerel fishing year these include an OFL of 27,662 mt, an ABC and ACL 
of 25,269 mt, a HG of 23,840 mt, and an ACT of 22,840 mt. The Pacific 
mackerel fishing season runs from July 1 to June 30. These catch 
specifications are based on the control rules established in the CPS 
FMP and biomass estimates of 143,403 mt (2017-2018) and 131,724 mt 
(2018-2019). These biomass estimates are the result of the NMFS 
Southwest Fishery Science Center's Pacific mackerel stock assessment 
completed in June 2015, and a subsequent catch-only projection estimate 
completed in June 2017. The Council's Scientific and Statistical 
Committee approved the biomass estimates from the assessment and catch-
only projection estimate as the best available scientific information 
for management at its June 2017 meeting (see ADDRESSES).
    Upon the unlikely attainment of the ACT in either fishing year, 
directed fishing would close, reserving the difference between the HG 
and ACT (1,000 mt) as a set aside for incidental landings in other 
fisheries and other sources of mortality. For the remainder of the 
fishing year, incidental landings would be constrained to a 45-percent 
incidental catch allowance when Pacific

[[Page 28784]]

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) 
or up to 3 mt of Pacific mackerel could be landed incidentally in non-
CPS fisheries.\1\ Upon attainment or projected attainment of the HG, no 
retention of Pacific mackerel would be allowed even as incidental 
catch. Limited incidental landing of Pacific mackerel in other 
fisheries, particularly other CPS fisheries, is necessary when the 
directed fishery is closed to reduce potential discarding of Pacific 
mackerel and allow for continued prosecution of other important stocks 
that may school with Pacific mackerel.
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    \1\ The following directed fisheries would be allowed to 
continue: (i) Fishing for live bait and (ii) minor directed fishing 
(after March 16, 2018) until the HG is taken, provided the amount 
retained does not exceed 1 mt per day per vessel or person, and 
which is limited to 1 fishing trip per day by any vessel.
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    The NMFS West Coast Regional Administrator will publish a notice in 
the Federal Register announcing the date of any closure of either: (1) 
Directed fishing, when harvest levels near or attain the ACT; or (2) 
retention, including by incidental fishing, when harvest levels near or 
attain the HG. Additionally, to ensure the regulated community is 
informed of closures, NMFS will make announcements through all other 
means available, including fax, email, and mail to fishermen, 
processors, and state fishery management agencies. This rule would also 
add paragraph (p) to the prohibitions section at 50 CFR 660.505 
referencing the prohibition on retention, possession, or landing of 
Pacific mackerel for the remainder of the year after the closure date 
specified in the Federal Register notice published by the Regional 
Administrator.
    On November 28, 2017, a proposed rule was published in the Federal 
Register (82 FR 56204) soliciting public comments through December 28, 
2017. NMFS did not receive any relevant public comments on the proposed 
rule.
    In the SUMMARY section of the proposed rule only, NMFS mistakenly 
stated that the 1,000-mt set aside would be reserved ``for incidental 
landings in other CPS fisheries and other sources of mortality.'' In 
fact, as stated in the rest of the proposed rule and throughout this 
rule, the 1,000-mt set aside is reserved for incidental landings in 
other fisheries (not just CPS fisheries) and other sources of 
mortality.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this final rule is 
consistent with the CPS FMP, other provisions of the Magnuson-Stevens 
Act, and other applicable law.
    This final 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 during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification. As a result, a regulatory flexibility 
analysis was not required and none was 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: June 18, 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 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.  660.505, add a new paragraph (p) to read as follows:


Sec.  660.505   Prohibitions.

* * * * *
    (p) Retain, possess or land Pacific mackerel after an announcement 
under Sec.  660.511(j) that the harvest guideline has been taken or is 
projected to be reached soon.

0
3. In Sec.  660.511, add paragraphs (i) and (j) to read as follows:


Sec.  660.511   Catch restrictions.

* * * * *
    (i) The following harvest specifications apply for Pacific 
mackerel:
    (1) For the Pacific mackerel fishing season July 1, 2017, through 
June 30, 2018, the harvest guideline is 26,293 mt and the ACT is 25,293 
mt;
    (2) For the Pacific mackerel fishing season July 1, 2018, through 
June 30, 2019, the harvest guideline is 23,840 mt and the ACT is 22,840 
mt.
    (j) When an ACT in paragraph (i) of this section has been reached 
or is projected to be reached soon, then for the remainder of the 
Pacific mackerel fishing season, Pacific mackerel may not be targeted 
and landings of Pacific mackerel may not exceed 45 percent of landings 
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 may be 
landed without landing any other CPS. When a harvest guideline in 
paragraph (i) of this section has been reached or is projected to be 
reached soon, no further retention of Pacific mackerel is allowed 
through the end of the Pacific mackerel fishing season. The Regional 
Administer shall announce in the Federal Register the date that an ACT 
or the harvest guideline is reached or is expected to be reached, and 
the date and time that the restrictions described in this paragraph go 
into effect.

[FR Doc. 2018-13337 Filed 6-20-18; 8:45 am]
BILLING CODE 3510-22-P