Proposed Rule2023-21410
Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Biennial Specifications; 2023-2024 and 2024-2025 Specifications for Pacific Mackerel
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 29, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
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.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 188 (Friday, September 29, 2023)</title>
</head>
<body><pre>
[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-21410]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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, <a href="/cdn-cgi/l/email-protection#88c3e9fce1eda6cce9fee1fbc8e6e7e9e9a6efe7fe"><span class="__cf_email__" data-cfemail="8bc0eaffe2eea5cfeafde2f8cbe5e4eaeaa5ece4fd">[email protected]</span></a>.
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\2\ Directed fishing for live bait and minor directed fishing is
allowed to continue during a closure of the directed fishery.
---------------------------------------------------------------------------
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> (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
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on September 29, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.