[Federal Register Volume 88, Number 240 (Friday, December 15, 2023)]
[Rules and Regulations]
[Pages 86838-86839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27532]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 231211-0299]
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: Final rule.

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SUMMARY: NMFS is implementing allowable harvest levels and harvest 
reference points, including the overfishing limit, acceptable 
biological catch, and annual catch limit, for Pacific mackerel in the 
exclusive economic zone off the U.S. West Coast (California, Oregon, 
and Washington) for the fishing seasons 2023-2024 and 2024-2025. The 
allowable harvest levels include a harvest guideline and annual catch 
target for the 2023-2024 fishing season of 7,871 metric tons (mt) and 
6,871 mt, respectively and a harvest guideline and annual catch target 
for the 2024-2025 fishing season of 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 final rule is made 
pursuant to the Coastal Pelagic Species Fishery Management Plan and is 
intended to conserve and manage the Pacific mackerel stock off the U.S. 
West Coast.

DATES: Effective December 15, 2023.

FOR FURTHER INFORMATION CONTACT: Heather Fitch, West Coast Region, 
NMFS, (360) 302-6549, [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. This final rule 
implements 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)). 
This final rule adopts, without changes, the harvest specifications 
that NMFS proposed in the rule published on September 29, 2023 (88 FR 
67222). The proposed rule for this action included additional 
background on the specifications and details on how the Pacific Fishery 
Management Council (Council) derived its recommended specifications for 
Pacific mackerel. Those details are not repeated here.
    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.
    The Council recommended, and NMFS is implementing, 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

[[Page 86839]]

the NMFS Southwest Fishery Science Center completed in June 2023, which 
was reviewed by a Stock Assessment Review Panel.\1\ At the June 2023 
Council meeting, the Council's Scientific and Statistical Committee 
(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 action, in the unlikely event that catch reaches the ACT 
in either fishing season, directed fishing will 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 will 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 are expected to 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.
    NMFS published a proposed rule on September 29, 2023 (88 FR 67222) 
and received no public comments.

Classification

    Pursuant to section 304(b)(3) 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 final rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: December 11, 2023.
Samuel D. Rauch, III
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS amends 50 CFR part 
660 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. 2023-27532 Filed 12-14-23; 8:45 am]
BILLING CODE 3510-22-P