Rule2022-14122
Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications; 2022-2023 Annual Specifications and Management Measures for Pacific Sardine
Primary source
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Published
July 1, 2022
Effective
June 30, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is implementing annual harvest specifications and management measures for the northern subpopulation of Pacific sardine (hereafter, Pacific sardine), for the fishing year, which runs from July 1, 2022, through June 30, 2023. This final rule will prohibit most directed commercial fishing for Pacific sardine off the coasts of Washington, Oregon, and California. Pacific sardine harvest will 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 will 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 annual catch limit for the 2022- 2023 Pacific sardine fishing year is 4,274 metric tons. This final rule is intended to conserve and manage the Pacific sardine stock off the U.S. West Coast.
Full Text
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<title>Federal Register, Volume 87 Issue 126 (Friday, July 1, 2022)</title>
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[Federal Register Volume 87, Number 126 (Friday, July 1, 2022)]
[Rules and Regulations]
[Pages 39384-39387]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14122]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No: 220627-0142; RTID 0648-XB877]
Fisheries Off West Coast States; Coastal Pelagic Species
Fisheries; Annual Specifications; 2022-2023 Annual Specifications and
Management Measures for Pacific Sardine
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS is implementing annual harvest specifications and
management measures for the northern subpopulation of Pacific sardine
(hereafter, Pacific sardine), for the fishing year, which runs from
July 1, 2022, through June 30, 2023. This final rule will prohibit most
directed commercial fishing for Pacific sardine off the coasts of
Washington, Oregon, and California. Pacific sardine harvest will 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 will 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 annual catch limit for the 2022-
2023 Pacific sardine fishing year is 4,274 metric tons. This final rule
is intended to conserve and manage the Pacific sardine stock off the
U.S. West Coast.
DATES: Effective June 30, 2022.
FOR FURTHER INFORMATION CONTACT: Taylor Debevec, West Coast Region,
NMFS, (562) 619-2052, <a href="/cdn-cgi/l/email-protection#5e0a3f2732312c701a3b3c3b283b3d1e30313f3f70393128"><span class="__cf_email__" data-cfemail="8edaeff7e2e1fca0caebecebf8ebedcee0e1efefa0e9e1f8">[email protected]</span></a>.
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
[[Page 39385]]
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 (MSA), 16 U.S.C. 1801 et seq.
This final rule implements the annual catch levels, reference
points, and management measures for the 2022-2023 fishing year. The
final rule adopts, without changes, the catch levels and restrictions
that NMFS proposed in the rule published on May 9, 2022. The proposed
rule for this action included additional background on the
specifications and details of how the Pacific Fishery Management
Council (Council) derived its recommended specifications for Pacific
sardine. Those details are not repeated here. For additional
information on this action, please refer to the proposed rule (87 FR
27557).
This final rule implements an OFL of 5,506 metric tons (mt) and an
ABC/annual catch limit (ACL) of 4,274 mt, based on CPS FMP control
rules and a biomass estimate of Pacific sardine of 27,369 mt. This
biomass estimate is from the 2022 update stock assessment, which was
identified by the Council's Scientific and Statistical Committee to
represent the best scientific information available for management of
Pacific sardine. Per the CPS FMP, because the estimated biomass is less
than 150,000 mt (i.e., the Rebuilding target and CUTOFF in the harvest
guideline control rule), the primary directed fishery is set to 0 mt,
meaning there is no primary directed fishery for Pacific sardine. This
is the eighth consecutive year the primary directed fishery has been
closed. Because the estimated biomass is below the minimum stock size
threshold (50,000 mt) 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. Although these management measures,
triggered by the FMP, are expected to keep catch far below the ACL as
they have done in recent history, this rule also implements an annual
catch target (ACT) of 3,800 mt and implements management measures
intended to ensure harvest opportunity throughout the year.
A summary of the 2022-2023 fishing year specifications can be found
in Table 1, and management measures are summarized in the list below
Table 1.
Table 1--Harvest Specifications for the 2022-2023 Sardine Fishing Year in Metric Tons (mt)
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Biomass estimate OFL ABC HG ACL ACT
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27,369.............................................. 5,506 4,274 0 4,274 3,800
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Following are the management measures for commercial sardine
harvest during the 2022-2023 fishing year:
(1) If landings in the live bait fishery reach 1,800 mt of Pacific
sardine, then a 1 mt per-trip limit of sardine would apply to the live
bait fishery.
(2) An incidental per-landing limit of 20 percent (by weight) of
Pacific sardine applies to other CPS primary directed fisheries (e.g.,
Pacific mackerel).
(3) If the ACT of 3,800 mt is attained, then a 1-mt per-trip limit
of Pacific sardine landings 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 Pacific sardine
would apply to non-CPS fisheries until the ACL is reached.
All sources of catch, including any exempted fishing permit (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.
At the April 2022 Council meeting, the Council approved 830 mt of the
ACL for three EFP proposals to support stock assessments for Pacific
sardine. If the effective date of this final rule is after July 1,
2022, any Pacific sardine harvested between July 1, 2022, and the
effective date will count toward the 2022-2023 ACT.
The NMFS West Coast Regional Administrator will publish
notification in the Federal Register to announce when catch reaches the
incidental limits as well as any resulting changes to allowable
incidental catch percentages. Additionally, to ensure 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.
Comments and Responses
On May 9, 2022, NMFS published a proposed rule for this action and
solicited public comments through May 24, 2022 (87 FR 27557). NMFS
received two public comments--one from the industry group California
Wetfish Producers Association (Association) and one from the
environmental group Oceana. The Association supported the proposed rule
in its entirety. After considering the public comments, NMFS made no
changes from the proposed rule. NMFS summarizes and responds to the
comment from Oceana below.
Comment: Oceana supported the prohibition on directed fishing for
Pacific sardine, but recommended that NMFS: use a different E (maximum
sustained yield (MSY)--fishing rate) value to calculate the OFL and
ABC; use survey results without the distribution factor instead of the
model-based stock assessment to set limits, or incorporate additional
precautionary buffers if using the assessment; set the ACL no higher
than 800 mt; limit the incidental catch allowance to no more than 10
percent; and reduce allowable catch levels for the live bait fishery.
In addition to those recommendations on the proposed rule, Oceana also
recommended what they state are necessary reforms to various aspects of
Pacific sardine management. Changes to the management framework of
Pacific sardine and to the Pacific sardine harvest control rules are
set in the CPS FMP and are beyond the scope of this rulemaking. These
include Oceana's recommendations to: revise the E<INF>MSY</INF>
formula; change the fishing season dates to January 1-December 31 to
align with using survey data estimates; change the distribution factor;
increase the cutoff factor; and coordinate international management of
the fishery. NMFS will consider these recommendations as appropriate in
future related discussions on sardine management. But because they are
not within the scope of this action, they will not be addressed with a
response here.
Response: As it relates to the comment that NMFS should use an
E<INF>MSY</INF> of 5 percent to calculate the OFL and ABC, NMFS has
determined that the OFL and ABC being implemented through this action
will prevent
[[Page 39386]]
overfishing and are supported by the best scientific information
available. Oceana claimed that the E<INF>MSY</INF> fishing rate and
distribution factor NMFS used ``are overestimated, resulting in an OFL
that does not prevent overfishing;'' however, we note that overfishing
has never occurred in this fishery. Additionally, the reference points
proposed for the 2022-2023 fishing year were recommended by the
Council's SSC and determined by them to represent the best available
science and are based on the formulas in the CPS FMP, including the
formula adopted for calculating E<INF>MSY.</INF> Regarding recent
Council discussions related to E<INF>MSY</INF>, NMFS notes that the
Council's SSC--the scientific advisory body that is responsible for
recommending changes to E<INF>MSY</INF>--can (as it has done in the
past) recommend changes to E<INF>MSY</INF> at any time if the best
available science warrants such a revision, and it has not determined
that a change is necessary at this time.
NMFS is aware of the 2019 scientific publication referenced by
Oceana in their comment letter and of ongoing Council discussions
related to E<INF>MSY.</INF> NMFS is committed to participating in
discussions about new science and whether that science justifies a
change to how E<INF>MSY</INF> is calculated for management purposes.
Regarding the 2019 paper mentioned by Oceana that was authored by
researchers at the SWFSC, NMFS notes that research related to the
appropriate temperature index to inform E<INF>MSY</INF> is ongoing.
NMFS has not yet determined whether, based on that paper, a change in
how E<INF>MSY</INF> is calculated is necessary for management purposes.
NMFS will continue to examine whether this new publication warrants a
change in management; however, as previously stated, NMFS has
determined that the reference points set through this action are based
on the best scientific information available.
As it relates to the comment that NMFS base limits on acoustic
trawl survey results (without the distribution factor) instead of the
model-based stock assessment, this is out of the scope of this action;
additionally this methodology has not been scientifically analyzed and
therefore cannot be considered the best scientific information
available at this time. NMFS disagrees with Oceana's alternative
suggestion (in the event the model is still used instead of the survey
data, per Oceana's initial suggestion) to increase the buffer between
the OFL and ABC to account for uncertainty in the 2022 stock assessment
update. NMFS disagrees with this because the stock assessment was
endorsed by the Council's SSC as the best scientific information
available for management, and NMFS determined that it represents the
best available science for management as well. Oceana points to
uncertainties in the stock assessment, but the ABC being implemented
through this action is from the Council's SSC, which is responsible for
making ABC recommendations to the Council, and which already
incorporates a buffer to account for uncertainty. The buffer between
OFL and ABC for this year's fishing season is appropriately smaller
than the buffer between OFL and ABC for last year's fishing season
because the SSC determined that this year's assessment is less
uncertain than last year's assessment due to the addition of new data.
NMFS also notes that, contrary to Oceana's assertions, there have been
no ``indications of overfishing in several previous years'' that would
warrant a more precautionary approach to setting the ABC. NMFS has
therefore determined that it is not necessary to further reduce the ABC
from the OFL to prevent overfishing.
NMFS disagrees with Oceana's recommendation that the ACL should be
no higher than 800 mt. Further reductions in catch levels beyond those
recommended by the Council are unnecessary at this time to rebuild the
stock or for other reasons. The OFL/ABC/ACL were all calculated in
alignment with the rebuilding plan. The ACL should be viewed in the
context of the OFL of 5,506 mt and the ABC of 4,274 mt, which takes
into account scientific uncertainty surrounding the OFL. The reference
points being implemented through this action were recommended by the
Council based on the control rules in the FMP and were endorsed by the
Council's SSC as the best scientific information available for setting
the 2022-2023 harvest specifications for Pacific sardine. In addition,
the management measures adopted by the Council, including an ACT that
was set even lower than the ACL (3,800 mt), are more than adequate to
ensure catch does not exceed the ACL/ABC and OFL. The reference points
implemented through this action should also be viewed in the context of
the non-discretionary harvest restrictions already in place, pursuant
to the CPS FMP, which generally restrict the fishery from catching the
full ACL. These non-discretionary restrictions include the continued
closure of the primary directed fishery (i.e., the largest fishery that
takes the majority of Pacific sardine catch) and restrictions on
incidental harvest of Pacific sardine in other CPS fisheries (which are
currently less than half of typical incidental limits). The Council
considered the overfished status of Pacific sardine, as well as the
uncertainty around the 2022 update assessment, and incorporated
precautionary measures in their recommendations to NMFS to account for
those factors. Those precautionary measures included: (1) deeming the
assessment Tier 2; (2) using a P* value of 0.4; (3) reducing the ACT
from the ACL; (4) reducing the EFP allowance from the requested amount;
and (5) incorporating accountability measures. These accountability
measures include: (1) limiting live bait landings to 1 mt per landing
once 1,800 mt of sardine is attained; (2) imposing a per-trip limit of
1 mt of sardine in all CPS fisheries once the ACT is attained; and (3)
implementing an incidental per-landing allowance of 2 mt in non-CPS
fisheries until the ACL is reached.
As it relates to the comment that NMFS set the incidental catch
allowance at 10 percent, NMFS notes that all harvest, regardless of how
it is taken or at what level (i.e. 10 percent or 20 percent), is
accounted for under the OFL/ABC/ACL/ACT for this action, and these
levels have been determined to prevent overfishing of Pacific sardine
and support the rebuilding of the stock. Additionally, reducing the
incidental catch allowance is not necessary to ensure these reference
points are not exceeded, therefore NMFS does not see a justification to
restrict this sector further than the low catch allowance already in
place.
Lastly, with regard to reducing allowable catch levels for the live
bait fishery, Oceana does not outline to what level or why restricting
this sector beyond the ways this sector is already restricted is
necessary. This action implements a measure providing that, if the live
bait fishery attains 1,800 mt, there will be a 1-mt trip limit on the
live bait fishery; this measure provides for another precautionary step
to ensure the ACL is not exceeded.
Classification
Pursuant to section 304(b)(1)(A) of the MSA, the NMFS Assistant
Administrator has determined that this final rule is consistent with
the CPS FMP, other provisions of the MSA, and other applicable law.
There is good cause under 5 U.S.C. 553(d)(3) to waive the 30-day
delay in the date of effectiveness of these final harvest
specifications for the 2022-2023 Pacific sardine fishing season. In
accordance with the FMP, this rule was recommended by the Council at
its meeting in April 2022. The contents of this rule are based on the
best scientific
[[Page 39387]]
information available on the population status of Pacific sardine,
which became available at that April 2022 meeting. Making these final
specifications effective on July 1, the first day of the fishing year,
is necessary for the conservation and management of the Pacific sardine
resource because last year's restrictions on harvest are not effective
after June 30. The FMP requires a prohibition on primary directed
fishing for Pacific sardine for the 2022-2023 fishing year because the
sardine biomass has dropped below the CUTOFF. The purpose of the CUTOFF
in the FMP, and for prohibiting a primary directed fishery when the
biomass drops below this level, is to protect the stock when biomass is
low and provide a buffer of spawning stock that is protected from
fishing and can contribute to rebuilding the stock. A delay of a full
30 days in the date of effectiveness for this rule would result in the
re-opening of the primary directed commercial fishery on July 1.
Delaying the effective date of this rule beyond July 1 would be
contrary to the public interest because it would jeopardize the
sustainability of the Pacific sardine stock. Furthermore, most affected
fishermen have already been operating under a prohibition of the
primary directed fishery for years, and are aware that the Council
recommended that primary directed commercial fishing be prohibited
again for the 2022-2023 fishing year, and are fully prepared to comply
with the prohibition.
This final rule is exempt from review under 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 for the purposes of the Regulatory Flexibility Act. The
factual basis for the certification was published in the proposed rule
(87 FR 27557, May 9, 2022) and is not repeated here. As a result, a
final regulatory flexibility analysis was not required and none was
prepared.
Pursuant to Executive Order 13175, this proposed rule was developed
after meaningful consultation and collaboration with the Council's
tribal representative, who has agreed with the provisions that apply to
tribal vessels.
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.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 27, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2022-14122 Filed 6-30-22; 8:45 am]
BILLING CODE 3510-22-P
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