[Federal Register Volume 91, Number 119 (Tuesday, June 23, 2026)]
[Proposed Rules]
[Pages 37376-37378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-12597]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[RTID 0648-XE919]
Fisheries Off West Coast States; Coastal Pelagic Species
Fisheries; Amendment 22 to the Coastal Pelagic Species Fishery
Management Plan
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Announcement of availability of fishery management plan
amendment; request for comments.
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SUMMARY: The Pacific Fishery Management Council (Council) has submitted
Amendment 22 to the Coastal Pelagic Species (CPS) Fishery Management
Plan (FMP) for review by the Secretary of Commerce. This notification
announces that the proposed Amendment 22 to the CPS FMP is available
for public review and comment and is currently being reviewed by NMFS
for approval, disapproval, or partial approval. If approved, Amendment
22 would update essential fish habitat (EFH) provisions for stocks
managed under the CPS FMP based on a recent review of available
[[Page 37377]]
information. There are no management measures proposed as part of this
action, and no regulations are necessary to implement the proposed
updates. The Council has proposed this amendment with the intention to
promote the goals and objectives of the Magnuson-Stevens Fishery
Conservation and Management Act (MSA), the CPS FMP, and other
applicable laws. NMFS will consider public comments in deciding whether
to approve, disapprove, or partially approve Amendment 22.
DATES: Comments on this announcement of availability must be received
by August 24, 2026, to be considered in the decision whether to
approve, disapprove, or partially approve Amendment 22.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2025-0051, by the following method:
Electronic Submissions: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and type NOAA-NMFS-2025-0051 in the Search box
(note: copying and pasting the FDMS Docket Number directly from this
document may not yield search results). Click the ``Comment'' icon,
complete the required fields, and enter or attach your comments.
Instructions: Comments must be submitted by the above method to
ensure that the comments are received, documented, and considered by
NMFS. Comments sent by any other method, to any other address or
individual, or received after the end of the comment period, may not be
considered. 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.) submitted voluntarily by the
sender will be publicly accessible. Do not submit confidential business
information, or otherwise sensitive or protected information. NMFS will
accept anonymous comments (enter ``N/A'' in the required fields if you
wish to remain anonymous).
Electronic Access
This announcement of availability is accessible via the internet on
the Office of the Federal Register website at https://www.federalregister.gov/. Additionally, background information and
documents are available on the Pacific Fishery Management Council's
website at https://www.pcouncil.org/actions/cps-fmp-amendment-22/.
FOR FURTHER INFORMATION CONTACT: Laura Gray, Sustainable Fisheries
Division, NMFS, (301) 427-8490, [email protected]; or Kerry Griffin,
Staff Officer, Pacific Fishery Management Council, (503) 820-2409,
[email protected].
SUPPLEMENTARY INFORMATION:
The MSA requires each regional fishery management council to submit
any amendment to an FMP to NMFS for review and approval, disapproval,
or partial approval. The MSA also requires that NMFS, upon receiving an
amendment to an FMP, immediately publish a notification in the Federal
Register that the amendment is available for public review and comment
(16 U.S.C. 1854(a)(1)(B)). This notification announces that the
proposed Amendment 22 to the CPS FMP is available for public review and
comment. NMFS will consider the public comments received during the
comment period described above in determining whether to approve,
disapprove, or partially approve Amendment 22.
Background
The MSA mandates that each FMP describe and identify EFH for the
fishery (16 U.S.C. 1853(7)). EFH is defined as ``those waters and
substrate necessary to fish for spawning, breeding, feeding or growth
to maturity'' (16 U.S.C. 1802(10)). Under this authority, NMFS and the
Council have developed a comprehensive strategy to conserve EFH. This
includes incorporating EFH into each of the Council's FMPs, identifying
fishing and non-fishing impacts and associated conservation
recommendations, and other required EFH elements. EFH requirements and
the process for periodic EFH reviews are described in the EFH
regulations at 50 CFR 600.815(a).
EFH was originally described for CPS species under Amendment 8 to
the FMP, implemented in January 2000, in both the text of the FMP
(section 2.3.1.2) and Appendix D. An EFH designation for krill was
adopted in 2009 under Amendment 12, which added those species to the
FMP as prohibited harvest species. The species currently managed under
the CPS FMP include Pacific sardine (Sardinops sagax), Pacific mackerel
(Scomber japonicus), northern anchovy (Engraulis mordax), market squid
(Doryteuthis opalescens), Jack mackerel (Trachurus symmetricus), and
all species of krill (Euphausiids) in the West Coast Exclusive Economic
Zone (EEZ). EFH provisions of the CPS FMP were reviewed comprehensively
in 2010, at which time revisions were found not warranted. The Council
initiated the latest review of the EFH provisions in 2020. Based on a
literature review and an evaluation of that material by the Council's
CPS Management Team, the Council determined in 2021 that new
information warranted updating the EFH provisions in the FMP. The
Council took final action in June 2023.
Summary of Proposed Amendment 22
This section describes the proposed updates that Amendment 22 would
make to EFH provisions in the CPS FMP, which the Council recommended
based on a review of available information. The revised FMP text and
Appendix D to the FMP include supporting information and rationale for
the modifications recommended by the Council. There are no management
measures proposed as part of this action, and no regulations are
necessary to implement the proposed changes.
Species Groupings: Regulatory guidance at 50 CFR
600.815(a)(1)(iv)(E) allows that EFH be designated for assemblages of
species or life stages that have similar habitat needs and
requirements. Market squid are proposed to be removed from their prior
species grouping with the CPS finfish assemblage based on differences
in life histories, distributions, and habitat needs. The assemblage of
``other krill'' is proposed to include three additional species,
updated in Appendix D with corresponding updates in the text of the
FMP, to ensure the list of ``All Species in West Coast EEZ'' is
accurate. The following species would be included in the discussion of
``other krill'' EFH: Thysanoessa inspinata, Stylocheiron affine, and
Euphasia hemigibba.
EFH Description and Identification, Species Distribution and
Habitat, Life History, and Relevant Trophic Information: Because market
squid would be described separately from the CPS finfish assemblage for
the first time, the EFH provisions would be updated with an EFH
definition and more information on the distribution and habitat of this
species. Market squid EFH would be defined as the area from the
shoreline seaward to the extent of its 5.8 percent distribution
probability, including waters to a depth of 300 meters (m), and where
the sea surface temperature is between 7[deg] and 24[deg]C along the
coasts of California, Oregon, and Washington. This definition would
include U.S. waters of Puget Sound and the Salish Sea and exclude other
estuarine waters on the Pacific Coast. Market squid EFH would also
include soft, sandy substrates 13 m to 93 m of depth for spawning
adults and the egg
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capsule stage. EFH for all CPS finfish and krill remain as previously
defined, but information on these species would be improved with
updated distributional data and maps. Overall, descriptions of all
species' life histories, habitats, and relevant trophic information
would be augmented to reflect available scientific information, given
advances in knowledge since the last update to EFH provisions of the
CPS FMP.
Non-Fishing Impacts and Conservation and Enhancement Measures: The
existing list of non-fishing impacts and conservation and enhancement
measures would be updated based on a recent NMFS publication which
comprehensively describes non-fishing impacts and conservation measures
that may be relevant to EFH for CPS species.
Research and Information Needs: The Council adopted several
Research and Information (R&I) Needs, as required by EFH regulations.
This list would be updated with respect to oceanographic and
environmental factors, species distributions, habitat features that
might inform the designation of Habitat Areas of Particular Concern
(HAPCs), trophic ecology, and fishing effects.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 18, 2026.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2026-12597 Filed 6-22-26; 8:45 am]
BILLING CODE 3510-22-P