[Federal Register Volume 88, Number 188 (Friday, September 29, 2023)]
[Proposed Rules]
[Pages 67222-67224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21410]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 230919-0225]
RIN 0648-BM44


Fisheries Off West Coast States; Coastal Pelagic Species 
Fisheries; Biennial Specifications; 2023-2024 and 2024-2025 
Specifications for Pacific Mackerel

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 allowable catch levels, an 
overfishing limit, an allowable biological catch, and an annual catch 
limit for Pacific mackerel in the exclusive economic zone off the U.S. 
West Coast (California, Oregon, and Washington) for the fishing years 
(seasons) 2023-2024 and 2024-2025. This proposed rule is made pursuant 
to the Coastal Pelagic Species Fishery Management Plan. The proposed 
harvest guideline and annual catch target for the 2023-2024 fishing 
season are 7,871 metric tons (mt) and 6,871 mt, respectively. The 
proposed harvest guideline and annual catch target for the 2024-2025 
fishing season are 8,943 mt and 7,943 mt, respectively. If the fishery 
attains the annual catch target in either fishing season, the directed 
fishery will close, reserving the 1,000-mt difference between the 
harvest guideline and annual catch target as a set-aside for incidental 
landings in other Coastal Pelagic Species fisheries and other sources 
of mortality. This rulemaking is intended to conserve and manage the 
Pacific mackerel stock off the U.S. West Coast.

DATES: Comments must be received by October 30, 2023.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2023-0085, by any of the following methods:
    Electronic Submissions: Submit all electronic public comments via 
the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and 
enter NOAA-NMFS-2023-0085 in the Search box. Click on the ``Comment'' 
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 https://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).

FOR FURTHER INFORMATION CONTACT: Katie Davis, West Coast Region, NMFS, 
(323) 372-2126, [email protected].

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 (EEZ) off the West Coast in accordance with the 
Coastal Pelagic Species (CPS) 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 Pacific 
mackerel fishing season runs from July 1 to June 30. The purpose of 
this proposed rule is to implement these harvest specifications, which 
include allowable harvest levels (i.e., annual catch target (ACT) and 
harvest guideline (HG)), an annual catch limit (ACL), and annual catch 
reference points (i.e., overfishing limit (OFL) and acceptable 
biological catch (ABC)). The uncertainty surrounding the current 
biomass estimates for Pacific mackerel for the 2023-2024 and 2024-2025 
fishing seasons was taken into consideration in the development of 
these harvest specifications. Any Pacific mackerel harvested between 
July 1, 2023, and the effective date of the final rule will count 
toward the 2023-2024 ACT and HG.
    During public meetings held every other year, the NMFS Southwest 
Fisheries Science Center (SWFSC) presents biomass estimates for Pacific 
mackerel to the Pacific Fishery Management Council's (Council) CPS 
Management Team (CPSMT), the Council's CPS Advisory Subpanel (CPSAS) 
and the Council's Scientific and Statistical Committee (SSC), and the 
biomass estimates and the status of the fisheries are reviewed and 
discussed. The CPSMT, CPSAS, and SSC then provide recommendations and 
comments to the Council regarding the calculated OFL, ABC, ACL, HG, and 
ACT. Following Council review and after hearing public comment, the 
Council adopts biomass estimates and makes its harvest specification 
recommendations to NMFS. Pursuant to regulations at 50 CFR 660.508(e), 
NMFS publishes biennial specifications in the Federal Register that 
establish these allowable harvest levels (i.e., ACT/HG) as well as OFL, 
ABC, and ACL for the upcoming two Pacific mackerel fishing seasons.
    The control rules in the CPS FMP include the HG control rule, 
which, in conjunction with the OFL and ABC control rules, are used to 
manage 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 estimate 
of stock biomass for the fishing year. 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. 
The harvest control rule in the CPS FMP is HG = [(Biomass-Cutoff) x 
Fraction x Distribution] with the parameters described as follows:
    1. Biomass. The estimated stock biomass of Pacific mackerel for the 
2023-2024 management season is 55,681 mt. The estimated stock biomass 
of Pacific mackerel for the 2024-2025 management season is 60,785 mt;
    2. Cutoff. This is the biomass level below which no commercial 
fishery is allowed. The FMP establishes 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. This is set in the FMP at 30 
percent; and
    4. Distribution. Pacific mackerel range from Mexico to Alaska and 
regularly migrate between Mexico and the U.S. West Coast. Because some 
of the Pacific mackerel stock exists outside of U.S.

[[Page 67223]]

waters, the Distribution parameter is used to estimate the proportion 
of the total biomass in U.S. waters and to calculate U.S. catch limits. 
The average portion of the total Pacific mackerel biomass estimated in 
the U.S. West Coast EEZ is set in the FMP at 70 percent. The 70 percent 
distribution estimate 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.
    The Council has recommended, and NMFS is proposing, Pacific 
mackerel harvest specifications for both the 2023-2024 and 2024-2025 
fishing seasons. For the 2023-2024 Pacific mackerel fishing season 
these include an OFL of 11,693 mt, an ABC and ACL of 9,754 mt, a HG of 
7,871 mt, and an ACT of 6,871 mt. For the 2024-2025 Pacific mackerel 
fishing season these include an OFL of 12,765 mt, an ABC and ACL of 
10,073 mt, a HG of 8,943 mt, and an ACT of 7,943 mt. These catch 
specifications are based on the OFL and ABC control rules established 
in the CPS FMP, recommendations from the Council's SSC and other 
advisory bodies, and biomass estimates of 55,681 mt (2023-2024) and 
60,785 mt (2024-2025). The biomass estimates are the result of a 
benchmark stock assessment the NMFS SWFSC completed in June 2023, which 
was reviewed by a Stock Assessment Review Panel.\1\ At the June 2023 
Council meeting, the Council's SSC reviewed and approved, and the 
Council adopted, the 2023 benchmark stock assessment and resulting 
biomass estimates as the best scientific information available for 
setting harvest specifications for the 2023-2024 and 2024-2025 Pacific 
mackerel fishing seasons.
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    \1\ Stock Assessment Review (STAR) Panel meetings are formal, 
public, multiple-day meetings of stock assessment experts who 
conduct a detailed technical evaluation of full (e.g., benchmark) 
stock assessments. The 2023 Pacific Mackerel STAR Panel meeting was 
held April 11-13, 2023.
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    Under this proposed action, in the unlikely event that catch 
reaches the ACT in either fishing season, 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.\2\ For the remainder of the fishing season, incidental 
landings in CPS fisheries would be constrained to a 45 percent 
incidental catch allowance (in other words, no more than 45 percent by 
weight of the CPS landed per trip may be Pacific mackerel); and in non-
CPS fisheries, up to 3 mt of Pacific mackerel may be landed 
incidentally per fishing trip. The incidental set-aside is intended to 
allow continued operation of fisheries for other stocks, particularly 
other CPS stocks that may school with Pacific mackerel.
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    \2\ Directed fishing for live bait and minor directed fishing is 
allowed to continue during a closure of the directed fishery.
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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 directed 
fishing (when harvest levels reach or exceed the ACT). Additionally, to 
ensure the regulated community is informed of any closure, NMFS will 
also make announcements through other means available, including email 
to fishermen, processors, and state fishery management agencies.
    Comments on this proposed rule and on NMFS' determination that this 
proposed rule, if adopted, would not have a significant economic impact 
on a substantial number of small entities (as discussed below in the 
Classification section), may be submitted via https://www.regulations.gov (see DATES and ADDRESSES).

Classification

    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 has been determined to be not significant for 
purposes of Executive Order 12866.
    The basis and purpose of this rulemaking is to set an OFL, ABC, 
ACL, HG, and ACT for the Pacific mackerel fishery based on the harvest 
control rules in the CPS 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. The harvest control rules in the CPS FMP remain 
unchanged by this proposed action.
    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.
    Pacific mackerel harvest is one component of CPS fisheries off the 
U.S. West Coast that also includes the fisheries for the 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 lat.; Point Arena, California) of the 
fishery. Currently there are 55 vessels permitted in the Federal CPS 
limited entry fishery off California. The average annual per vessel 
revenue in 2022 for vessels that landed Pacific mackerel was well below 
the threshold level of $11 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. Additionally, the harvest specifications proposed in this 
rule would not constrain catch disproportionately for small entities in 
different size categories, as they remain well above the annual 
coastwide landings. Therefore, this rulemaking would not create 
disproportionate costs between small and large vessels/businesses.
    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 2022-2023 fishing season, 
the HG was 5,822 mt with an ACT of 4,822 mt and an incidental set-aside 
of 1,000 mt. Approximately 886 mt of Pacific mackerel were harvested in 
the 2022-2023 fishing season with an estimated ex-vessel value of 
approximately $426,324.
    The proposed HG for the 2023-2024 Pacific mackerel fishing season 
is 7,871 mt, with a proposed ACT of 6,871 mt and an incidental set-
aside of 1,000 mt. The proposed HG for the 2024-2025 Pacific mackerel 
fishing season is 8,943 mt with a proposed ACT of 7,943 mt and an 
incidental set-aside of 1,000 mt. The proposed ACTs for these fishing 
seasons are slightly higher than the prior 2 fishing seasons (i.e., 
7,323 mt for 2021-2022 and 4,822 mt for 2022-2023). Pacific mackerel 
landings off the U.S. West Coast over the last 10

[[Page 67224]]

management seasons (2012-2013 through 2021-2022) have averaged about 
3,800 mt. Therefore, the ACTs proposed in this rule are not expected to 
affect profitability to the fleet from catching Pacific mackerel 
compared to last season or recent catch levels. Accordingly, vessel 
income from fishing is not expected to be altered as a result of this 
rulemaking as it compares to recent catches in the fishery, including 
under the previous season's regulations.
    Based on the disproportionality and profitability analysis above, 
the proposed action, if adopted, will not have adverse or 
disproportional economic impact on these small business 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. There are no 
relevant Federal rules that may duplicate, overlap, or conflict with 
the proposed action.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: September 26, 2023.
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 
proposed to be 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.  660.511, revise paragraphs (i)(1) and (2) to read as 
follows:


Sec.  660.511  Catch restrictions.

* * * * *
    (i) * * *
    (1) For the Pacific mackerel fishing season July 1, 2023, through 
June 30, 2024, the harvest guideline is 7,871 mt and the ACT is 6,871 
mt; and
    (2) For the Pacific mackerel fishing season July 1, 2024, through 
June 30, 2025, the harvest guideline is 8,943 mt and the ACT is 7,943 
mt.
* * * * *
[FR Doc. 2023-21410 Filed 9-28-23; 8:45 am]
BILLING CODE 3510-22-P