Rule2024-08342
Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Harvest Specifications for the Central Subpopulation of Northern Anchovy
Primary source
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Published
April 19, 2024
Effective
May 20, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 77 (Friday, April 19, 2024)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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, <a href="/cdn-cgi/l/email-protection#d49fb5a0bdb1fa90b5a2bda794babbb5b5fab3bba2"><span class="__cf_email__" data-cfemail="b2f9d3c6dbd79cf6d3c4dbc1f2dcddd3d39cd5ddc4">[email protected]</span></a>.
[[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]
BILLING CODE 3510-22-P
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