[Federal Register Volume 85, Number 102 (Wednesday, May 27, 2020)]
[Proposed Rules]
[Pages 31733-31735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11322]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 200519-0142; RTID 0648-XW023]


Fisheries Off West Coast States; Coastal Pelagic Species 
Fisheries; 2020-2021 Annual Specifications and Management Measures for 
Pacific Sardine

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to implement annual harvest specifications and 
management measures for the northern subpopulation of Pacific sardine 
(hereafter, Pacific sardine), for the fishing year from July 1, 2020, 
through June 30, 2021. The proposed action would prohibit most directed 
commercial fishing for Pacific sardine off the coasts of Washington, 
Oregon, and California. Pacific sardine harvest would 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 would 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 proposed annual catch limit for the 2020-2021 Pacific 
sardine fishing year is 4,288 metric tons. This proposed rule is 
intended to conserve and manage the Pacific sardine stock off the U.S. 
West Coast.

DATES: Comments must be received by June 11, 2020.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2020-0061, by the following method:
     Electronic Submissions: Submit all public comments via the 
Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2020-0061, click the ``Comment Now!'' icon, 
complete the required fields, and enter or attach your comments.
    Instructions: Comments sent by any other method or received after 
the end of the comment period may not be considered by NMFS. 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.), 
confidential business information, or otherwise sensitive information 
submitted voluntarily by the sender will be publicly accessible. NMFS 
will accept anonymous comments (enter ``N/A'' in the required fields if 
you wish to remain anonymous).
    A copy of the draft report ``Assessment of Pacific Sardine Resource 
in 2020 for U.S.A. Management in 2020-2021'' is available at: https://www.pcouncil.org/documents/2020/03/agenda-item-d-3-attachment-1-stock-assessment-report-executive-summary-assessment-of-the-pacific-sardine-resource-in-2019-for-u-s-management-in-2019-20-full-document-electronic-only.pdf/, and may be obtained from the West Coast Region 
(see FOR FURTHER INFORMATION CONTACT).

FOR FURTHER INFORMATION CONTACT: Lynn Massey, West Coast Region, NMFS, 
(562) 436-2462, [email protected].

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 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 (Magnuson-
Stevens Act), 16 U.S.C. 1801 et seq.
    During public meetings each year, NMFS' Southwest Fisheries Science 
Center (SWFSC) presents the estimated biomass for Pacific sardine 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). The Team, 
Subpanel, and SSC review the biomass and the status of the fishery, and 
recommend applicable catch limits and additional management measure. 
Following Council review and public comment, the Council adopts a 
biomass estimate and recommends catch limits and any in-season 
accountability measures to NMFS. NMFS publishes annual specifications 
in the Federal Register to establish these catch limits and management 
measures for each Pacific sardine fishing year. This rule proposes the 
Council's recommended catch limits for the 2020-2021 fishing year, as 
well as management measures to ensure that harvest does not exceed 
those limits, and adoption of an OFL and ABC that take into 
consideration uncertainty surrounding the current estimate of biomass 
for Pacific sardine.

Recommended Catch Limits

    According to the FMP, the catch limit for the primary directed 
fishery is determined using the FMP-specified HG formula. The HG 
formula in the CPS FMP is HG = [(Biomass-CUTOFF) * FRACTION * 
DISTRIBUTION] with the parameters described as follows:
    1. Biomass. The estimated stock biomass of Pacific sardine age one 
and above. For the 2020-2021 management season, this is 28,276 metric 
tons (mt).
    2. CUTOFF. This is the biomass level below which no HG is set. The 
FMP established this level at 150,000 mt.
    3. DISTRIBUTION. The average portion of the Pacific sardine biomass 
estimated in the EEZ off the Pacific coast is 87 percent.
    4. FRACTION. The temperature-varying harvest fraction is the 
percentage of the biomass above 150,000 mt that may be harvested.
    As described above, the Pacific sardine HG control rule, the 
primary mechanism for setting the primary directed fishery catch limit, 
includes a CUTOFF parameter, which has been set as a biomass level of 
150,000 mt. This amount is subtracted from the annual biomass estimate 
before calculating the applicable HG for the fishing year. Since this 
year's biomass estimate is below that value, the formula results in an 
HG of zero, and no Pacific sardine are available for the primary 
directed fishery during the 2020-2021 fishing season. This would be the 
sixth consecutive year that the primary directed fishery is closed.
    Last fishing year (2019-2020), the estimated biomass of Pacific 
sardine dropped below its 50,000-mt minimum stock size threshold 
(MSST), which triggered an overfished determination process. NMFS 
accordingly declared the stock overfished on June 26, 2019 and notified 
the Council on July 9, 2019. NMFS is working with the Council to 
develop a rebuilding plan for sardine within two years of the date NMFS 
notified the Council that the stock was declared overfished.

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    At the April 2020 Council meeting, the Council's SSC approved, and 
the Council adopted, the SWFSC's ``Assessment of the Pacific Sardine 
Resource in 2020 for U.S. Management in 2020-2021'' (see ADDRESSES). 
The resulting Pacific sardine biomass estimate of 28,276 mt was adopted 
as the best scientific information available for setting harvest 
specifications. Based on recommendations from its SSC and other 
advisory bodies, as well as the OFL and ABC control rules in the CPS 
FMP, the Council recommended, and NMFS is proposing: an OFL of 5,525 
mt; an ABC of 4,288 mt; an annual catch limit (ACL) of 4,288 mt; and a 
prohibition on commercial Pacific sardine catch, unless it is harvested 
as part of the live bait, tribal, or minor directed fisheries, as 
incidental catch in other fisheries, or as part of exempted fishing 
permit (EFP) activities. The Council also recommended an annual catch 
target (ACT) of 4,000 mt for the 2020-2021 fishing year. In conjunction 
with setting an ACT, the Council also recommended inseason and other 
management measures to ensure harvest opportunity under the ACT 
throughout the year (see below).

Recommended Management Measures

    The proposed annual harvest limits and management measures were 
developed in the context of the fact that NMFS declared the Pacific 
sardine stock overfished in July 2019. Since the biomass remains below 
the 50,000 mt MSST, 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 (instead of a maximum of 40 percent 
allowed when below the CUTOFF but above the MSST).
    The following are the proposed management measures and inseason 
accountability measures for the Pacific sardine 2020-2021 fishing year:
    (1) If landings in the live bait fishery reach 2,500 mt, then a 1-
mt per trip limit of sardine would apply to the live bait fishery.
    (2) A 20-percent incidental per landing by weight catch allowance 
would apply to other CPS primary directed fisheries (e.g., Pacific 
mackerel).
    (3) If the ACT of 4,000 mt is attained, then a 1-mt per trip limit 
of sardine 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 sardine would 
apply to non-CPS fisheries.
    All sources of catch including any EFP set-asides, 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.
    The NMFS West Coast Regional Administrator would publish a notice 
in the Federal Register to announce when catch reaches the incidental 
limits as well as any changes to allowable incidental catch 
percentages. Additionally, to ensure that the regulated community is 
informed of any closure, NMFS would make announcements through other 
means available, including emails to fishermen, processors, and state 
fishery management agencies.
    In previous fishing years, the Quinault Indian Nation has 
requested, and NMFS has approved, a set-aside for the exclusive right 
to harvest Pacific sardine in the Quinault Usual and Accustomed Fishing 
Area off the coast of Washington State, pursuant to the 1856 Treaty of 
Olympia (Treaty with the Quinault). For the 2020-2021 fishing year, the 
Quinault Indian Nation has not requested a tribal set-aside and 
therefore none is proposed.
    At the April 2020 meeting, although Council review and approval was 
removed from the Council's agenda, the Council expressed support for 
three EFP proposals requesting an exemption from the prohibition to 
directly harvest sardine during their discussion of sardine management 
measures. This action accounts for NMFS' approval of up to 1,145 mt of 
the ACL to be harvested under EFPs.

Classification

    This action must be effective by July 1, 2020, otherwise the 
fishery will open without any catch limits or restrictions in place. In 
order to ensure that these harvest specifications are effective in time 
for the start of the July 1 fishing year, NMFS will solicit public 
comments on this proposed rule for 15 days rather than the standard 30 
days. A 15-day comment period has been the practice since the 2015-2016 
fishing year when the primary directed fishery for sardine was first 
closed. NMFS received the recommendations from the Council that form 
the basis for this rule only last month. The subject of this proposed 
rule--the establishment of the reference points--is considered a 
routine action, because they are calculated annually based on the 
framework control rules in the FMP. Additionally, the Council provides 
an opportunity for public comment each year at its April meeting before 
adopting the recommended harvest specifications and management measures 
for the proceeding fishing year.
    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this proposed rule is 
consistent with the CPS FMP, other provisions of the Magnuson-Stevens 
Act, and other applicable law, subject to further consideration after 
public comment.
    This proposed rule is exempt from review under Executive Order 
12866.
    Pursuant to Executive Order 13175, this proposed rule was developed 
after meaningful consultation and collaboration with the tribal 
representative on the Council who has agreed with the provisions that 
apply to tribal vessels.
    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:
    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 purpose of this proposed rule is to conserve the Pacific 
sardine stock by preventing overfishing, while still allowing harvest 
opportunity among differing fishery sectors. This will be accomplished 
by implementing the 2020-2021 annual specifications for Pacific sardine 
in the U.S. EEZ off the West coast. The small entities that would be 
affected by the proposed action are the vessels that would be expected 
to harvest Pacific sardine as part of the West Coast CPS small purse 
seine fleet if the fishery were open, as well as fishermen targeting 
other CPS, sardine for live bait, or sardine in the minor directed 
fishery. In 2014, the last year that a directed fishery for Pacific 
sardine was allowed, there were approximately 81 vessels permitted to 
operate in the directed sardine fishery component of the CPS fishery 
off the U.S. West Coast; 58 vessels in the Federal CPS limited entry 
fishery off California (south of 39[deg] N. lat.); and a combined 23 
vessels in Oregon and Washington's state Pacific sardine fisheries. The 
average annual per vessel revenue in 2014 for those vessels was well 
below the threshold level of $11

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million; therefore, all of these vessels are considered small 
businesses under the RFA. Because each affected vessel is a small 
business, this proposed rule is considered to equally affect all of 
these small entities in the same manner. Therefore, this rule would not 
create disproportionate costs between small and large vessels/
businesses.
    The CPS FMP and its implementing regulations require NMFS to 
annually set an OFL, ABC, ACL, and HG or ACT for the Pacific sardine 
fishery based on the specified harvest control rules in the FMP applied 
to the current stock biomass estimate for that year. The derived annual 
HG is the level typically used to manage the primary directed sardine 
fishery and is the harvest level NMFS typically uses for profitability 
analysis each year. As stated above, the CPS FMP dictates that when the 
estimated biomass drops below a certain level (150,000 mt), the HG is 
zero. Therefore, for the purposes of profitability analysis, this 
action is essentially proposing an HG of zero for the 2020-2021 Pacific 
sardine fishing season (July 1, 2020, through June 30, 2021). The 
estimated biomass used for management during the preceding fishing year 
(2019-2020) was also below 150,000 mt. Therefore, NMFS did not 
implement an HG for the 2019-2020 fishing year, thereby prohibiting the 
primary directed Pacific sardine fishery. Since there is again no 
directed fishing for the 2020-2021 fishing year, this proposed rule 
will not change the potential profitability compared to the previous 
fishing year. Additionally, while the proposed 2020-2021 ACL is 
slightly lower compared to previous years, it is still expected to 
account for the various fishery sector needs (i.e., live bait, 
incidental catch in other CPS fisheries, and minor directed fisheries).
    The revenue derived from harvesting Pacific sardine is typically 
only one of the sources of fishing revenue for the commercial vessels 
that participate in this fishery. 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/sardine vessels supplement their income by harvesting other 
species. Many vessels in California also harvest anchovy, mackerel, and 
in particular, squid, making Pacific sardine only one component of a 
multi-species CPS fishery. Additionally, some sardine vessels that 
operate off of Oregon and Washington also fish for salmon in Alaska or 
squid in California during times of the year when sardine are not 
available. The purpose of the incidental catch limits proposed in this 
action are to ensure the vessels impacted by a prohibition on directly 
harvesting sardine can still access these other profitable fisheries 
while still minimizing Pacific sardine harvest.
    CPS vessels typically rely on multiple species for profitability 
because abundance of Pacific sardine, like the other CPS stocks, is 
highly associated with ocean conditions and seasonality. Variability in 
ocean conditions and season results in variability in the timing and 
location of CPS harvest 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, the CPS fishery as a whole has relied on a group 
of species for its annual revenues.
    Therefore 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: May 20, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2020-11322 Filed 5-26-20; 8:45 am]
BILLING CODE 3510-22-P