[Federal Register Volume 89, Number 77 (Friday, April 19, 2024)]
[Rules and Regulations]
[Pages 28679-28681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08342]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 240415-0107]
RTID 0648-XD112


Fisheries Off West Coast States; Coastal Pelagic Species 
Fisheries; Harvest Specifications for the Central Subpopulation of 
Northern Anchovy

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

ACTION: Final rule.

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SUMMARY: NMFS is issuing this final rule to revise the overfishing 
limit (OFL) and acceptable biological catch (ABC) for the central 
subpopulation of northern anchovy (CSNA) in the U.S. exclusive economic 
zone (EEZ) off the West Coast under the Coastal Pelagic Species (CPS) 
Fishery Management Plan (FMP) to 243,779 metric tons (mt) and an 60,945 
mt, respectively. This final rule also maintains an annual catch limit 
(ACL) of 25,000 mt for CSNA. Under current regulations, if the ACL for 
this stock is reached or projected to be reached in a fishing year 
(January 1-December 31), then the fishery will be closed until it 
reopens at the start of the next fishing year. This rulemaking is 
intended to conserve and manage CSNA off the U.S. West Coast.

DATES: Effective May 20, 2024.

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

[[Page 28680]]


SUPPLEMENTARY INFORMATION: The CPS fishery in the U.S. EEZ off the West 
Coast is managed under the CPS FMP in coordination with the Pacific 
Fishery Management Council (Council). The CPS FMP was developed 
pursuant to the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act; 16 U.S.C. 1801 et seq.). The CPS FMP is 
implemented by regulations at 50 CFR part 660, subpart I. This final 
rule adopts, without changes, the CSNA harvest specifications in NMFS's 
proposed rule published on December 27, 2023 (88 FR 89358). CSNA is 
managed using ACLs implemented for multiple years, and quantitative or 
qualitative reviews of available abundance data without required 
regular stock assessments or required annual adjustments to target 
harvest levels. Further background on CSNA management and the formulas 
for calculating the revised reference points in this action was 
published in the proposed rule and is not repeated here.

Final Reference Points

    This final action revises the OFL and ABC, and maintains the ACL, 
for CSNA in the U.S. EEZ off the West Coast, based on recommendations 
from the Council. NMFS is implementing multi-year annual reference 
points for CSNA including an OFL of 243,779 mt and an ABC of 60,945 mt. 
The OFL and ABC are increasing from 119,153 mt and 28,788 mt, 
respectively (December 31, 2020, 85 FR 86855). NMFS is maintaining, as 
proposed, an ACL of 25,000 mt. NMFS has determined that the OFL and ABC 
implemented by this action are supported by the best scientific 
information available, comply with the CPS FMP, and will prevent 
overfishing. Although these values deviate from the default 
calculations described in the CPS FMP, as described in the proposed 
rule, they are supported by the most recent stock assessment and 
recommendations from the Council's Scientific and Statistical Committee 
and are robust enough to remain in place for multiple years and still 
prevent overfishing.
    Upon taking effect, these annual reference points will apply to the 
current and following calendar years (January 1-December 31), remaining 
in place until new scientific information warrants revising them. Any 
catch that has already occurred in calendar year 2024 will apply to the 
2024 ACL. Because this ACL value is already in place (see 50 CFR 
660.511(k)), no regulatory changes are necessary.
    All sources of catch will be accounted for against the ACL, 
including any fishing occurring as part of an exempted fishing permit, 
the live bait fishery, and other minimal sources of harvest (e.g., 
incidental catch in CPS and non-CPS fisheries and minor directed 
fishing). Under current regulations at 50 CFR 660.509(a), if catch 
reaches the ACL, the NMFS West Coast Regional Administrator will 
publish a notice in the Federal Register to announce the closure of the 
fishery until the commencement of the next fishing season (January 1). 
Additionally, to ensure that the regulated community is informed of any 
closure, NMFS will make announcements through other means available, 
including emails to fishermen, processors, and state fishery management 
agencies.

Public Comment and Response

    On December 27, 2023, NMFS published a proposed rule for this 
action and solicited public comments (89 FR 12810) with a public 
comment period that ended on January 26, 2024. NMFS received one 
comment letter on the proposed rule. The letter was submitted jointly 
by two environmental non-governmental organizations, Oceana and 
Earthjustice, containing several comments and requests. With respect to 
the proposed reference points, the commenters expressed support for an 
ACL of 25,000 mt and noted that the proposed OFL and ABC are consistent 
with the Council's recommendation. The remaining comments and requests 
in the comment letter are beyond the scope of this rulemaking. For 
instance, the comment letter included a recommendation that NMFS direct 
the Council to develop a substantive amendment to the CPS FMP that 
would incorporate the Council's anchovy management framework into the 
CPS FMP, develop an ACL control rule for CSNA, and establish a minimum 
stock size threshold for CSNA, but such measures are not within the 
scope of this rulemaking. Therefore, NMFS does not provide a response 
to those comments. However, Oceana and Earthjustice may continue to 
bring these requests to the Council as appropriate. Additionally, as 
noted earlier, Oceana and Earthjustice stated support for the ACL, but 
also requested NMFS limit the effectiveness of the ACL to 2 years. This 
request is also outside the scope of this rulemaking. Pursuant to 50 
CFR 660.508, annual specifications for CPS are determined in accordance 
with the CPS FMP. Under the CPS FMP, reference points for CSNA are 
specified for multiple years until the species becomes managed under 
the general harvest control rule (based on annual estimates of biomass) 
or under a new species-specific control rule, or until new scientific 
information becomes available that warrants a change to the reference 
points.
    NMFS made no changes to the proposed rule in response to the 
comments received.

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 is not subject to the requirements of Executive 
Order 12866 because it is a routine rule that implements regulations 
for less than one year.
    Pursuant to Executive Order 13175, this rulemaking was developed 
after meaningful consultation and collaboration with the tribal 
representative on the Council.
    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 (88 FR 89358, December 27, 2023) 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.

[[Page 28681]]

    This final rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.

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

    Dated: April 15, 2024.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2024-08342 Filed 4-18-24; 8:45 am]
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