Rule2025-17848
Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications; 2025-2026 Annual Specifications and Management Measures for Pacific Sardine
Primary source
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Published
September 16, 2025
Effective
September 16, 2025
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 from July 1, 2025, through June 30, 2026. This rule prohibits most directed commercial fishing for Pacific sardine off the coasts of Washington, Oregon, and California. Pacific sardine harvest is allowed for use only as live bait, in 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 (CPS) Fishery Management Plan (FMP), or up to 2 metric tons (mt) per trip when caught with non-coastal pelagic species stocks. The harvest specifications for 2025-2026 include an overfishing limit (OFL) of 4,645 mt, an acceptable biological catch (ABC) of 3,957, an annual catch limit (ACL) of 2,200 mt, and an annual catch target (ACT) of 2,100 mt. This final rule is intended to conserve, manage, and rebuild the Pacific sardine stock off the coasts of Washington, Oregon, and California.
Full Text
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<title>Federal Register, Volume 90 Issue 177 (Tuesday, September 16, 2025)</title>
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[Federal Register Volume 90, Number 177 (Tuesday, September 16, 2025)]
[Rules and Regulations]
[Pages 44583-44586]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-17848]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 250910-0150; RTID 0648-XE809]
Fisheries Off West Coast States; Coastal Pelagic Species
Fisheries; Annual Specifications; 2025-2026 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 from July 1, 2025,
through June 30, 2026. This rule prohibits most directed commercial
fishing for Pacific sardine off the coasts of Washington, Oregon, and
California. Pacific sardine harvest is allowed for use only as live
bait, in 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 (CPS) Fishery Management Plan (FMP), or up
to 2 metric tons (mt) per trip when caught with non-coastal pelagic
species stocks. The harvest specifications for 2025-2026 include an
overfishing limit (OFL) of 4,645 mt, an acceptable biological catch
(ABC) of 3,957, an annual catch limit (ACL) of 2,200 mt, and an annual
catch target (ACT) of 2,100 mt. This final rule is intended to
conserve, manage, and rebuild the Pacific sardine stock off the coasts
of Washington, Oregon, and California.
DATES: Effective September 16, 2025.
FOR FURTHER INFORMATION CONTACT: Katie Davis, West Coast Region, NMFS,
(323) 372-2126, <a href="/cdn-cgi/l/email-protection#aae1cbdec3cf84eecbdcc3d9eac4c5cbcb84cdc5dc"><span class="__cf_email__" data-cfemail="c883a9bca1ade68ca9bea1bb88a6a7a9a9e6afa7be">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: NMFS manages the Pacific sardine fishery in
the U.S. exclusive economic zone (EEZ) off the Pacific coast (i.e., off
the U.S. West Coast states of California, Oregon, and Washington) in
accordance with the CPS FMP. The CPS FMP and its implementing
regulations require NMFS to set annual reference points and management
measures 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 OFL and ABC control rules in the FMP, are used to
set required reference points, in accordance with the Magnuson-Stevens
Fishery Conservation and Management Act (MSA) (16 U.S.C. 1801 et seq.).
The ACL for Pacific sardine is set according to the framework
established in the Pacific sardine rebuilding plan, approved on May 29,
2025, as amendment 23 to the CPS FMP (90 FR 23461). Additionally, the
CPS FMP requires additional management measures, intended to restrict
harvest, for the Pacific sardine fishery, such as incidental catch
restrictions.
NMFS publishes annual specifications in the Federal Register to
establish these annual reference points (e.g., the OFL, ABC, and ACL)
and management measures for each Pacific sardine fishing year. NMFS
published proposed specifications and management measures on June 26,
2025 (90 FR 27273). The proposed rule for this action included
additional background on the specifications and details of how they
were derived and the basis for which the Pacific Fishery Management
Council (Council) recommended them to NMFS for potential approval.
Those details are not repeated here. For additional information on this
action, please refer to the proposed rule. This final rule adopts,
without changes, the annual reference points and management measures as
proposed for the 2025-2026 fishing year.
Final Reference Points and Management Measures
Based on the 2025 stock assessment for Pacific sardine, the
associated estimated age 1+ biomass of 30,158 mt, the control rule
formulas in the FMP, and the Pacific sardine rebuilding plan (90 FR
23461, June 3, 2025), NMFS is implementing, as proposed, an OFL of
4,645 mt, an ABC of 3,957 mt, an ACL of 2,200 mt, and an ACT of 2,100
mt.
The CPS FMP includes a prohibition of the primary directed fishery
when the biomass is at or below 150,000 mt. The Pacific sardine primary
directed fishery is therefore closed, and Pacific sardine catch during
the 2025-2026 fishing season is prohibited unless it is harvested as
part of the live bait or minor directed fisheries, as incidental catch
in other fisheries, or as part of exempted fishing permit (EFP)
activities.
[[Page 44584]]
The 2025-2026 fishing year specifications can be found in table 1,
and management measures are listed after table 1.
Table 1--Harvest Specifications for the 2025-2026 Sardine Fishing Year, in Metric Tons (mt)
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Biomass estimate OFL ABC HG ACL ACT
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30,158............................................................. 4,645 3,957 0 2,200 2,100
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The following are the additional management measures and in-season
accountability measures for the 2025-2026 Pacific sardine fishing year:
(1) An incidental per-landing limit of 20 percent (by weight) of
Pacific sardine applies to other CPS primary directed fisheries (e.g.,
Pacific mackerel);
(2) If the ACT of 2,100 mt is attained, then a per-trip limit of 1
mt of Pacific sardine applies to all CPS fisheries (i.e., (1) will no
longer apply); and
(3) An incidental per-landing allowance of 2 mt of Pacific sardine
applies to non-CPS fisheries until the ACL is reached.
In addition to the management measures and in-season accountability
measures listed in the previous paragraphs, Pacific sardine catch in
the minor directed fishery remains limited to 1 mt per trip per day,
and 1 trip per day by any vessel, per regulations at 50 CFR
660.511(d)(2).
All sources of catch, including any 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. Any Pacific sardine harvested
between July 1, 2025, and the effective date of this final rule will
count toward the 2025-2026 ACT and ACL.
At the April 2025 Council meeting, the Council recommended
apportioning 520 mt of the ACL for an EFP proposal to support stock
assessments for Pacific sardine. NMFS will publish a notice of receipt
of application in the Federal Register and request public comment.
After the comment period closes, NMFS will determine the issuance of
the EFP.
The NMFS West Coast Regional Administrator will publish a notice in
the Federal Register to announce when catch reaches the incidental
limits, as well as any changes to allowable incidental catch
percentages or trip limits. 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.
Comments and Responses
On June 26, 2025, NMFS published a proposed rule for this action
and solicited public comments through July 11, 2025 (90 FR 27273). NMFS
received two public comment letters relevant to this action, one from
the non-governmental conservation organization Oceana and one from a
private citizen. After considering the public comments, NMFS made no
changes from the proposed rule. Both comment letters included multiple
comments, some of which are beyond the scope of this action. NMFS
summarizes and responds to those comments below.
Comment 1: Oceana states that the E<INF>MSY</INF> used to set the
ABC is too high given the low sardine productivity and biomass
indicated in the stock assessment, resulting in an ABC that fails to
prevent overfishing, rebuild the stock, or adequately constrain U.S.
fishery catches and is inconsistent with the best available science on
sardine productivity. Oceana states that the Council's Scientific and
Statistical Committee (SSC) has repeatedly raised concerns with the
E<INF>MSY</INF> parameter. Oceana also cites a court order in Oceana,
Inc. v. Raimondo, quoting the court's conclusion about the scientific
record presented to the court in that matter. Oceana states that NMFS
has not made any attempt to correct or update its E<INF>MSY</INF>
formula since 2014, and states that NMFS' updated ``correlation
analysis'' reduced the correlation, but NMFS did not provide the SSC
with any alternatives, leaving the SSC little choice but to approve the
``status quo approach to E<INF>MSY</INF>.'' Oceana requested that NMFS
immediately develop and evaluate a range of alternatives for
calculating E<INF>MSY</INF> that do not rely on the CalCOFI index,
specifically including alternatives that base E<INF>MSY</INF> on direct
measures of recent productivity reported in stock assessments.
Response: NMFS has determined that the OFL and ABC implemented
through this action will prevent overfishing and are supported by the
best scientific information available. E<INF>MSY</INF> is a parameter
in the OFL and ABC harvest control rules. As described in the proposed
rule for these harvest specifications, the SSC has recommended in past
years that the analysis and assumptions surrounding a CalCOFI-based
E<INF>MSY</INF> be revisited. To help inform the SSC's recommendation
for this year's reference points, NMFS conducted a correlation analysis
of the CalCOFI-based temperature with sardine productivity (recruits-
per-spawner) for the years 1983-2023; an update from the last analysis
in 2013 that examined data from 1984-2008. The SSC's CPS subcommittee
reviewed the analysis in February 2025 and reported that ``the analysis
demonstrates there is still valid statistical evidence for a
relationship between CalCOFI [sea surface temperature] and recruits-
per-spawner.'' At the April 2025 Council meeting, the full SSC reviewed
the analysis and concluded that it ``provides the first of many steps
toward potentially updating E<INF>MSY</INF> for Pacific sardine, but
does not compel a change at this time.'' The SSC recommended the 2025-
2026 OFL and ABC be calculated using the ``status quo approach to
E<INF>MSY</INF>,'' which uses the CalCOFI temperature index.
NMFS has determined that there is no need to calculate a new
E<INF>MSY</INF> at this time, and that the CalCOFI-based
E<INF>MSY</INF> does not present any risk of overfishing. Additionally,
NMFS notes that there is no defined metric for a ``high'' or ``low''
E<INF>MSY</INF>, and Oceana has not provided one. It has been
previously suggested that one approach to set a precautionary proxy
fishing mortality rate for small pelagic fish such as Pacific sardine
is to use a value that equates to one half of the species' natural
mortality rate.\1\ Based on the estimates of natural mortality from the
2025 Pacific sardine stock assessment, this formula would produce an
E<INF>MSY</INF> in the range of 0.25-0.30. By contrast, the
E<INF>MSY</INF> utilized to calculate the OFL implemented through this
action is only 0.1771. For these reasons, NMFS has determined that the
reference points recommended by the Council are based on the best
scientific information available and, therefore, NMFS has determined to
implement them through this action.
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\1\ Pikitch, E. et al. 2012. Little Fish, Big Impact: Managing a
Crucial Link in Ocean Food Webs. Lenfest Ocean Program. Washington,
DC. 108 pp.
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[[Page 44585]]
Comment 2: Oceana requests that NMFS set an ACL no greater than 5
percent of the age 1+ biomass. In addition, Oceana requests that NMFS
adopt an incidental catch allowance for other CPS fisheries of no
greater than 10 percent of each landing.
Response: As noted in the proposed rule, the Council recommended a
2,200-mt ACL consistent with their November 2024 recommendation for the
revised rebuilding plan, which NMFS approved as amendment 23 to the CPS
FMP on May 29, 2025 (90 FR 23461). Under amendment 23, when biomass is
below 50,000 mt--as it is this year--the ACL is restricted to 2,200 mt
or the calculated ABC, whichever is less. In approving amendment 23,
NMFS determined that this approach meets the goals set out by the MSA
and its National Standards to rebuild the stock, and Oceana has not
provided evidence to support the need for a departure from this
approach.
Oceana has also provided no evidence on which to base an incidental
limit of 10 percent. The CPS FMP dictates that if the estimated biomass
is below 50,000 mt, then the incidental harvest rate is restricted to
20 percent landing by weight. The 2025 estimated biomass is 30,158 mt;
therefore, 20 percent is in line with the allowances of the CPS FMP.
Additionally, during the 2018-2019 fishing year, the last year that the
stock's biomass was more than 50,000 mt, the incidental harvest
allowance was 40 percent, and the incidental fishery harvested 272 mt.
The following year, the incidental harvest allowance was restricted to
20 percent, and the incidental fishery harvested 249 mt. Increasing the
incidental harvest allowance does not necessarily change the amount of
Pacific sardine catch, but allows more flexibility for vessels to
reduce unwanted discards when the catch ratio of sardine to other CPS
is greater than 20 percent.
Comment 3: A private citizen states that proposed rule notes that
while no tribal set-aside was requested this year, there is no process
for a tribe to petition mid-season if unforeseen cultural or
subsistence needs arise. The citizen urges NMFS to include language
allowing federally recognized tribes to petition by a specified date--
or upon demonstrated need--and to commit to evaluating and reallocating
up to a defined percentage of the remaining ACT/ACL to meet tribal
requirements.
Response: Amendment 9 to the CPS FMP established, among other
things, a framework by which Indian fishing rights are implemented
according to treaties between the United States and the tribes.
Treaties between the United States and numerous Pacific Northwest
Indian tribes reserve to these tribes the right of taking fish at usual
and accustomed grounds and stations (``U&A grounds'') in common with
all citizens of the United States. The resulting Pacific Coast Treaty
Indian Rights were developed for the four tribes recognized as having
U&A grounds in the marine areas managed by the CPS FMP, and are
codified in coastal pelagic fisheries regulations at 50 CFR 660.518,
and changes to those regulations--including developing a process for
tribes to request a mid-season set-aside--are beyond the scope of this
rulemaking.
Comment 4: A private citizen stated that NMFS should codify a clear
allocation hierarchy for all non-directed uses of sardine (live-bait,
tribal, minor-directed, CPS incidental, and non-CPS incidental) and
publish real-time, sector-specific catch tallies so all users can track
remaining allocations. The citizen states that the rule does not
establish which sector has priority when the pool is nearly exhausted,
and that this ambiguity could allow incidental catch by one sector to
preempt critical live-bait or tribal needs later in the season.
Response: The primary directed fishery for Pacific sardine has been
closed since the 2015-2016 fishing year, as the biomass remains below
the 150,000 mt CUTOFF value in the CPS FMP and the remaining
fisheries--incidental, live bait, and minor directed--are authorized by
the CPS FMP for minimal harvest while the primary directed fishery is
closed and the stock is in a rebuilding status. Developing an
allocation hierarchy for these fisheries, as recommended by the
commenter, is not within the scope of this rulemaking. In addition,
during the development of amendment 23 to the CPS FMP (the revised
Pacific sardine rebuilding plan), NMFS analyzed historical landings of
sardines by the incidental, live bait, and minor directed fisheries to
determine an ACL that would allow these fisheries the flexibility to
continue minimal harvest while also allowing the stock to rebuild.
NMFS, in coordination with the West Coast states and communication with
the Council, monitors these landings to ensure that they are not
exceeded. Participants in these fisheries are represented in Council
meetings where aggregated landings data in relation to the ACL are
publicly available; however, these data are aggregated in such a way to
protect sensitive business and other identifying information per
confidentiality provisions under the MSA, and therefore may not be
provided to the public on a finer scale.
Comment 5: A private citizen stated that the 15-day comment window
is far too short for stakeholders to review and respond to a complex
package. Small-boat operators, tribal co-managers, and coastal
communities often lack in-house legal or scientific resources and
deserve a full 30 days to provide meaningful feedback. Extending the
comment period to at least 30 days will ensure all affected parties can
engage fully and help NMFS finalize a more robust and defensible rule.
Response: As stated in the proposed rule, the establishment of the
annual reference points for Pacific sardine is considered a routine
action because they are calculated annually based on the framework
control rules in the CPS FMP. Annual harvest specifications and
management measures for Pacific sardine are based on an annual stock
assessment, which is usually finalized in early spring and reviewed by
the Council and its advisory bodies during the Council's regularly-
scheduled meeting in April. NMFS received the recommendations from the
Council that form the basis for this rule following the Council's April
2025 meeting. The Council provided an opportunity for public comment at
that meeting, as it does every year before adopting the recommended
harvest specifications and management measures for the proceeding
fishing year. The Council's advisory bodies, which provided
recommendations that were adopted by the Council for both the Pacific
sardine rebuilding plan and these harvest specifications, comprise the
affected stakeholders and representatives thereof.
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.
This final rule is exempt from review under Executive Order 12866.
This final rule is not an Executive Order 14192 regulatory action.
NMFS finds 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 2025-2026 Pacific sardine fishing season. In
accordance with the FMP, this rule was recommended by the Council at
its meeting in April 2025. The contents of this rule are based on the
best scientific information available on the population status of
Pacific sardine, which became available at that April 2025 meeting.
Making these final specifications effective immediately is
[[Page 44586]]
necessary for the conservation and management of the Pacific sardine
resource because last year's restrictions on harvest ended on June 30,
2025. The FMP requires a prohibition on primary directed fishing for
Pacific sardine for the 2025-2026 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. Without effective
specifications, there is no prohibition on primary directed fishing, no
regulations on catch, and a significant amount of sardine could
theoretically be caught in a short period.
Delaying the effective date of this rule is contrary to the public
interest because it would jeopardize the sustainability of the Pacific
sardine stock and affected minor fisheries. 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 2025-2026 fishing year, and are fully prepared to comply
with the prohibition.
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
(90 FR 27273, June 26, 2025) and is not repeated here. As a result, a
final regulatory flexibility analysis was not required and none was
prepared.
A Tribal summary impact statement under section (5)(b)(2)(B) and
section (5)(c)(2)(B) of E.O. 13175 was not required for this final rule
because this action does not impose substantial direct compliance costs
on Indian Tribal Governments and this action does not preempt Tribal
law. A Tribal summary impact statement has therefore not 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.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 10, 2025.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2025-17848 Filed 9-15-25; 8:45 am]
BILLING CODE 3510-22-P
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