[Federal Register Volume 78, Number 246 (Monday, December 23, 2013)]
[Proposed Rules]
[Pages 77413-77416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-30512]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 130822744-3744-01]
RIN 0648-BD63
Fisheries Off West Coast States; Coastal Pelagic Species
Fisheries; Change to Start of Pacific Sardine Fishing Year
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule.
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SUMMARY: Each year, NMFS implements regulations that set the annual
quota and management measures for the Pacific sardine fishing year.
NMFS proposes to change the starting date of the annual Pacific sardine
fishery from January 1 to July 1. This would change the fishing season
from one based on the calendar year to one based on a July 1 through
the following June 30th schedule. No other changes to the annual
allocation structure are being made and the existing seasonal
allocation percentages will remain as specified in the FMP; as would
the current quota roll-over provisions. The purpose of this change is
to better align the timing of the research and science that is used in
the annual stock assessments with the annual management schedule. To
enable this transition in fishing years, this action also would
establish a one-time interim harvest period for the 6 months from
January 1, 2014, through June 30, 2014.
DATES: Comments must be received by January 22, 2014.
ADDRESSES: You may submit comments on this document identified by
``NOAA-NMFS-2013-0167'' by any of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0167, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to William W. Stelle, Jr.,
Regional Administrator, West Coast Region, NMFS, 7600 Sand Point Way
NE., Seattle, WA 98115-0070; Attn: Joshua Lindsay.
Fax: (562) 980-4047; Attn: Joshua Lindsay
Instructions: Comments sent by any other method, to any other
address or individual, 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
www.regulations.gov 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). Attachments to electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT: Joshua Lindsay, Southwest Region,
NMFS, (562) 980-4034.
SUPPLEMENTARY INFORMATION: This proposed rule would change the start
date of the 12-month Pacific sardine fishery from January 1 to July 1,
thus changing the fishing season for Pacific sardine from one based on
the calendar year to one beginning on July 1 and continuing through
June 30th of the following year. The purpose of this change is to
better align the timing of the research and science used in the annual
stock assessments with the annual management schedule, as the present
schedule imposes substantial
[[Page 77414]]
challenges in terms of survey data availability relative to the timing
of stock assessments.
The process for setting the annual Pacific sardine quotas begins
with the Pacific Fishery Management Council's (Council) annual November
public meeting, where scientists present the estimated biomass of
Pacific sardine to the Council and its various advisory bodies. At this
meeting the biomass estimate and the status of the fishery is reviewed
and discussed. Following this review by the Council and after hearing
public comment, the Council adopts a biomass estimate which, based on
the management framework in the Coastal Pelagic Species (CPS) Fishery
Management Plan (FMP), is used in the calculation and development of
the annual Pacific sardine catch levels that are recommended to the
National Marine Fisheries Service (NMFS) by the Council. NMFS then
implements regulations that set the annual quota for the Pacific
sardine fishing year that currently begins January 1 and ends December
31.
These annual Pacific sardine quotas are based in large part on the
results of annually conducted stock assessments that provide the
biomass estimates used in the calculation of quotas. The stock
assessments go through a scientific review process in late September or
early October in preparation for action at the November Council
meeting.
At present, the current research and management schedule imposes
substantial challenges in terms of survey data availability relative to
the timing of the completion of the stock assessments. In recent years,
the data used in the stock assessments has come from new and expanded
surveys that occur throughout the summer and into September. This has
caused conflicts in the stock assessment process as both the survey
teams and the stock assessment scientists have become rushed both to
finish the research and analyze the data in time for the stock
assessment to be completed and reviewed prior to the November Council
meeting. This timing is necessary to accommodate the current management
cycle that is tied to the January 1 fishery season start date. For
example, some of the data currently used in the stock assessment comes
from a survey conducted off of Oregon and Washington that occurs until
September 15. With the formal review of the stock assessment normally
held the first week of October, data from this survey must also be
provided to the stock assessment team by mid to late September. This
provides little time for a thorough review of survey data and results
prior to delivery to the stock assessment team.
To address the assessment scheduling constraints described above,
with the management process for implementing annual quotas, the Council
recommended, and NMFS is proposing, to change the start of the fishing
season from January 1 to July 1. By moving the timing of the start of
the fishery to July 1 and therefore the timing of when the stock
assessment must be completed (late winter/early spring) this will allow
the management process, for which the timing will also change, to then
better align with the research and data being collected for the
assessment.
The harvest guideline (HG) for the Pacific sardine fishery is
apportioned based on the allocation scheme established through
Amendment 11 to the CPS FMP. Under the allocation scheme, the Pacific
sardine fishing year is divided into three seasonal periods with fixed
allocation percentages of quota attached to each time period: January
1-June 30 (35 percent), July 1-September 14 (40 percent) and September
15-December 31 (25 percent). Any quota not harvested in a period is
rolled over into the subsequent period; any amount not harvested by the
end of the fishing year is not rolled over into the next fishing year.
If the total HG or these apportionment levels for Pacific sardine are
reached at any time, the Pacific sardine fishery will close until
either it re-opens per the allocation scheme or the beginning of the
next fishing season.
Through this proposed action, what is currently known as the second
allocation period (July 1-September 14) would become the first period,
the third allocation period (September 15-December 31) would become the
second period, and the first allocation period (January 1-June 30)
would become the third period. No changes to the seasonal allocation
structure are being made through this action and the existing seasonal
allocation percentages will remain as specified in the FMP; as would
the current quota roll-over provisions. The Council will be addressing
complete year sardine management (July 1 to June 30) at their April
2014 public meeting.
If this proposed rule is implemented, the start of the next
complete fishing season would begin on July 1, 2014. Because the
current 2013 fishing season ends on December 31, 2013, NMFS is also
proposing in this rule the establishment of a one-time interim harvest
allocation period from January 1, 2014 through June 30, 2014 to allow
for continued fishing during the transition from a January to July
start of the fishing season. The harvest specifications for this
interim allocation period will be implemented through a separate
rulemaking action. At the November 2013 Council meeting, the Council
took action on setting the quota for the January 2014 through June 2014
period. Although the interim harvest specifications will include an
Overfishing Limit (OFL), Acceptable Biological Catch (ABC) and Annual
Catch Limit (ACL) for calendar year 2014, those specifications are
expected to be replaced based on the new stock assessment and Council
action in April 2014.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery
Conservation and Management Act, the Assistant Administrator, NMFS, has
determined that this proposed rule is consistent with the CPS FMP,
other provisions of the Magnuson-Stevens Fishery Conservation and
Management 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 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.
As a result, a regulatory flexibility analysis is not required, and
none has been prepared. The analysis of the Chief Counsel was as
follows:
The purpose of the proposed action is to change the date of the
start of the yearly Pacific sardine fishery from January 1 to July 1,
thus changing the fishing season for Pacific sardine from one based on
the calendar year to a fishing year that will begin on July 1 and
continuing through June 30th of the following year. As described in the
preamble of this rule, the purpose of this change is to better align
the timing of the research and science that is used in the annual stock
assessments with the annual management schedule.
The proposed action is not expected to have significant direct or
indirect socioeconomic impacts because harvest limits and management
measures influencing ex-vessel revenue and personal income, such as how
harvest limits are determined, are not established under the range of
alternatives considered. Instead, the proposed action only changes the
annual fishing season from one based on the calendar year to one
beginning on
[[Page 77415]]
July 1 and proceeding to the following June 30th. The CPS FMP and its
implementing regulations require NMFS to set an OFL, ABC, ACL and
harvest guideline (HG) or annual catch target (ACT) for the Pacific
sardine fishery based on the specified harvest control rules in the
FMP. A specific harvest control rule is applied to the current stock
biomass estimate to derive the annual HG that is used to manage the
directed commercial take of Pacific sardine. This annual HG is the
primary determinate in the overall revenue derived from fishing for
Pacific sardine, and this action does not change the framework.
On June 20, 2013, the U.S. Small Business Administration (SBA)
issued a final rule revising the small business size standards for
several industries effective July 22, 2013 (78 FR 37398). The rule
increased the size standard for Finfish Fishing from $4.0 million to
$19.0 million, Shellfish Fishing from $4.0 million to $5.0 million, and
Other Marine Fishing from $4.0 million to $7.0 million. NMFS conducted
its analysis for this action using the new size standards
As stated above, the U.S. Small Business Administration now defines
small businesses engaged in finfish fishing as those vessels with
annual revenues of or below $19 million. Under the former, lower size
standards, all entities subject to this action in previous years were
considered small entities, and under the new standards they continue to
be considered small. The small entities that would be affected by the
proposed action are the vessels that fish for Pacific sardine as part
of the West Coast CPS finfish fleet. In 2012 there were approximately
96 vessels permitted to operate in the directed sardine fishery
component of the CPS fishery off the U.S. West Coast, 55 vessels in the
Federal CPS limited entry fishery off California (south of 39 N. lat.),
and a combined 23 vessels in Oregon and Washington's state Pacific
sardine fisheries. The average annual per vessel revenue in 2012 for
the West Coast CPS finfish fleet was well below $19 million; therefore,
all of these vessels are considered small businesses under the RFA.
Because each affected vessel is a small business, this proposed rule
has an equal effect on all of these small entities, and therefore will
impact a substantial number of these small entities in the same manner.
Therefore this rule will not create disproportionate costs between
small and large vessels/businesses.
Currently the fishery begins on January 1 and ends on December 31
of each year and the HG is apportioned based on the following
allocation scheme established through Amendment 11 to the CPS FMP.
Under this allocation scheme, 35 percent of the HG is allocated
coastwide on January 1; 40 percent of the HG, plus any portion not
harvested from the initial allocation is then reallocated coastwide on
July 1; and on September 15 the remaining 25 percent, plus any portion
not harvested from earlier allocations will be released. If the total
HG or these apportionment levels for Pacific sardine are reached at any
time, the Pacific sardine fishery will close until either it re-opens
per the allocation scheme or the beginning of the next fishing season;
any amount not harvested by the end of the fishing year is not rolled
over into the next fishing year. There is no limit on the amount of
catch that any single vessel can take during an allocation period or
the year; the HG and seasonal allocations are available until fully
utilized by the entire CPS fleet. The purpose of Amendment 11 and the
framework described above was to achieve optimal utilization of the
available harvest of Pacific sardine by all entities through an
equitable coastwide allocation, providing vessels in all regions an
equal opportunity to the resource.
Under this proposed rule, the allocation period currently known as
the second allocation period (July 1-September 14) would become the
first period, the third allocation period (September 15-December 31)
would become the second period, and the first allocation period
(January 1-June 30) would become the third period. No changes to the
seasonal allocation structure are being made and the existing
allocation percentages will remain as specified in the FMP, as would
the current quota roll-over provisions. Because no changes to the
allocation structure or seasonal percentages would be made, the
proposed action does not appear to be inconsistent with objectives and
analyses conducted in Amendment 11 creating the current allocation
framework. Therefore, the proposed action is likely to result in
negligible or at this point unknown economic impacts.
Additionally, the establishment of a one-time interim harvest
allocation period from January 1, 2014 through June 30, 2014 will allow
for a transition from the current start of the fishing season to the
proposed new start on July 1. The intent of this action is to allow
fishing opportunities to continue during the transition period. The
alternative to this proposed provision is to prohibit fishing during
the transition period. Compared to the alternative, the proposed
interim harvest allocation period is expected to have positive economic
impacts on the affected small entities as it will allow them to
continue fishing. However, this action only establishes the framework
by which harvest allocations will be set for this 6-month period; the
specific economic impacts of any quota allocated for this interim
harvest period will be analyzed separately when those quota are
established.
For the reasons above, the Chief Counsel for Regulation certified
that this rule will not have a significant economic impact on a
substantial number of small entities.
This action does not contain a collection-of-information
requirement for purposes of the Paperwork Reduction Act.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Indians.
Dated: December 17, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and
duties of the Deputy Assistant Administrator for Regulatory Programs,
National Marine Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend 50
CFR part 660 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.
0
2. In Sec. 660.510, paragraph (a) is revised to read as follows:
Sec. 660.510 Fishing seasons.
* * * * *
(a) Pacific sardine. July 1 to June 30, or until closed under Sec.
660.509.
* * * * *
0
3. In Sec. 660.511, paragraphs (f) through (h) are revised to read as
follows:
[[Page 77416]]
Sec. 660.511 Catch restrictions.
* * * * *
(f) On July 1, 40 percent of the initial harvest guideline for
Pacific sardine is allocated coastwide within the fishery management
area.
(g) On September 15, 25 percent of the initial harvest guideline
for Pacific sardine plus the remaining unharvested portion of the July
1 allocation in (f) is allocated coastwide within the fishery
management area.
(h) On January 1, 35 percent of the initial harvest guideline for
Pacific sardine plus the remaining unharvested portion of the September
15 allocation is allocated coastwide within the fishery management
area.
[FR Doc. 2013-30512 Filed 12-20-13; 8:45 am]
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