Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications; 2026-2027 Annual Specifications and Management Measures for Pacific Sardine

Issuing agencies

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, 2026, through June 30, 2027. 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 (EFPs). 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-CPS stocks. The harvest specifications for 2026-2027 include an overfishing limit (OFL) of 4,645 mt, an acceptable biological catch (ABC) of 3,613 mt, 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 91 Issue 190 (Friday, October 2, 2026)</title>
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[Federal Register Volume 91, Number 190 (Friday, October 2, 2026)]
[Rules and Regulations]
[Pages 62677-62679]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20234]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 260929-0005; RTID 0648-XF629]


Fisheries Off West Coast States; Coastal Pelagic Species 
Fisheries; Annual Specifications; 2026-2027 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, 2026, 
through June 30, 2027. 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 (EFPs). 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-CPS stocks. The 
harvest specifications for 2026-2027 include an overfishing limit (OFL) 
of 4,645 mt, an acceptable biological catch (ABC) of 3,613 mt, 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 October 2, 2026.

FOR FURTHER INFORMATION CONTACT: Katie Davis, West Coast Region, NMFS, 
(323) 372-2126, <a href="/cdn-cgi/l/email-protection#632802170a064d2702150a10230d0c02024d040c15"><span class="__cf_email__" data-cfemail="cf84aebba6aae18baeb9a6bc8fa1a0aeaee1a8a0b9">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: NMFS manages the Pacific sardine fishery in 
the U.S. exclusive economic zone 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, June 3, 2025). 
Additionally, the CPS FMP requires additional management measures 
intended to restrict harvest for the Pacific sardine fishery (e.g., 
incidental catch restrictions).

[[Page 62678]]

    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 29, 
2026 (91 FR 39054). 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 2026-2027 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 3,613 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 2026-2027 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 EFP activities.
    The 2026-2027 fishing year specifications can be found in table 1, 
and management measures are listed after table 1.

           Table 1--Harvest Specifications for the 2026-2027 Sardine Fishing Year, in Metric Tons (mt)
----------------------------------------------------------------------------------------------------------------
 Biomass estimate         OFL                ABC                 HG                ACL                ACT
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         30,158              4,645              3,613                  0              2,200              2,100
----------------------------------------------------------------------------------------------------------------

    The following are the additional management measures and in-season 
accountability measures for the 2026-2027 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., management 
measure (1) described above 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 above, 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, 2026, and the effective date of this final rule will 
count toward the 2026-2027 ACT and ACL.
    At the April 2026 Council meeting, the Council recommended 
apportioning 520 mt of the ACL for an EFP proposal to support stock 
assessments for Pacific sardine. NMFS published a notice of receipt of 
application in the Federal Register and requested public comment. After 
these specifications are effective, NMFS will determine whether it will 
issue 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 29, 2026, NMFS published a proposed rule for this action 
and solicited public comments through July 14, 2026 (91 FR 39054). NMFS 
received two public comment letters, one from the California Wetfish 
Producers Association (CWPA) and one from a private citizen. After 
considering the public comments, NMFS made no changes from the proposed 
rule.
    Comment 1: CWPA expressed support for the annual specifications and 
management measures for the northern subpopulation of Pacific sardine 
off the west coast. However, despite its support, CWPA also expressed 
their belief that these specifications reflect excessive precautions 
and fail to consider the recent trend of assessment projections falling 
below the estimates of surveys and strongly urged NOAA to continue its 
support to revise sardine management to a single stock.
    Response: CWPA's support for the approval of these annual 
specifications is noted and NMFS acknowledges CWPA's concern that they 
also reflect excessive precaution. The annual specifications being 
implemented by this action are based on the framework and control rules 
in the CPS FMP, as well as the current definition of Pacific sardine in 
the CPS FMP. Currently, the annual stock assessments are considered the 
best scientific information available for management of the northern 
subpopulation of Pacific sardine. The stock assessments utilize a 
variety of data to produce the annual estimate of biomass, and the 
survey estimates are one important component. From year to year, the 
estimates directly from the survey can be both higher and lower than 
the estimates from the stock assessments. The survey estimates on their 
own have not been reviewed for direct use in management. NMFS intends 
to continue to support the efforts of the Council in their development 
of a proposal to revise the Pacific sardine stock definition within the 
CPS FMP.
    Comment 2: The private citizen expressed personal beliefs about 
fishing (e.g., ``do not torture and/or kill the fish anymore'') that 
were not directly responsive to this action.
    Response: This comment is not within the scope of this action.

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 
because it is a routine fishing action.

[[Page 62679]]

    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 2026-2027 Pacific sardine fishing season. In 
accordance with the FMP, this rule was recommended by the Council at 
its meeting in April 2026. 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 2026 meeting. 
Making these final specifications effective immediately is necessary 
for the conservation and management of the Pacific sardine resource 
because last year's restrictions on harvest ended on June 30, 2026. The 
FMP requires a prohibition on primary directed fishing for Pacific 
sardine for the 2026-2027 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, are aware that the Council 
recommended that primary directed commercial fishing be prohibited 
again for the 2026-2027 fishing year, and are fully prepared to comply 
with the prohibition. Further delay in the effective date creates 
unnecessary confusion in the Pacific sardine industry around current 
specifications and management measures.
    The Senior Lead 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 
(91 FR 39054, June 29, 2026) 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 paragraphs (5)(b)(2)(B) and 
(5)(c)(2) of Executive Order 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 29, 2026.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2026-20234 Filed 10-1-26; 8:45 am]
BILLING CODE 3510-22-P


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