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29776 Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Rules and Regulations

Point North lat. West long. (C) A gillnet, stab net, or trammel net SUMMARY: NMFS issues this rule to must be left on the drum. Any implement annual management A ...... 33°53.040′ 76°28.617′ additional such nets not attached to the measures and harvest specifications to B ...... 33°52.019′ 76°27.798′ drum must be stowed below deck. establish the allowable catch levels (i.e., C ...... 33°49.946′ 76°30.627′ ° ′ ° ′ (D) Terminal gear (i.e., hook, leader, annual catch limit (ACL)/harvest D ...... 33 51.041 76 31.424 guideline (HG)) for the northern A ...... 33°53.040′ 76°28.617′ sinker, flasher, or bait) used with an automatic reel, bandit gear, buoy gear, subpopulation of Pacific sardine (iii) Devil’s Hole/Georgetown Hole handline, or rod and reel must be (hereafter, Pacific sardine), in the U.S. Spawning SMZ is bounded by rhumb disconnected and stowed separately exclusive economic zone (EEZ) off the lines connecting, in order, the following from such gear. Sinkers must be Pacific coast for the fishing season of points: disconnected from the down rigger and July 1, 2017, through June 30, 2018. stowed separately. These specifications were determined Point North lat. West long. (E) A crustacean trap, golden according to the Coastal Pelagic Species trap, or sea bass pot cannot be baited. (CPS) Management Plan (FMP). A ...... 32°34.311′ 78°34.996′ All buoys must be disconnected from This action includes a prohibition on B ...... 32°34.311′ 78°33.220′ directed non-tribal Pacific sardine ° ′ ° ′ the gear; however, buoys may remain on C ...... 32 32.748 78 33.220 deck. off the coasts of D ...... 32°32.748′ 78°34.996′ A ...... 32°34.311′ 78°34.996′ * * * * * , , and , which is required because the estimated ■ 3. In § 622.194, revise paragraph (a) to 2017 biomass of Pacific sardine has (iv) Area 51 Spawning SMZ is read as follows: bounded by rhumb lines connecting, in dropped below the biomass threshold order, the following points: § 622.194 Adjustment of management specified in the HG control rule. Under measures. this action, Pacific sardine may still be Point North lat. West long. * * * * * harvested as part of either the live bait (a) Biomass levels, age-structured or tribal fishery, or as incidental catch ° ′ ° ′ A ...... 32 35.25 79 28.6 analyses, target dates for rebuilding in other ; the incidental harvest B ...... 32°35.25′ 79°27′ of Pacific sardine would initially be ° ′ ° ′ overfished species, MSY (or proxy), OY, C ...... 32 33.75 79 27 limited to 40-percent by weight of all D ...... 32°33.75′ 79°28.6′ ABC, TAC, quotas (including a quota of A ...... 32°35.25′ 79°28.6′ zero), annual catch limits (ACLs), per trip when caught with other annual catch targets (ACTs), AMs, CPS or up to 2 metric tons (mt) when (v) Area 53 Spawning SMZ is maximum fishing mortality threshold caught with non-CPS. The ACL for the bounded by rhumb lines connecting, in (MFMT), minimum stock size threshold 2017–2018 Pacific sardine fishing year order, the following points: (MSST), trip limits, bag limits, size is 8,000 mt. This action is intended to limits, gear restrictions (ranging from conserve and manage the Pacific sardine Point North lat. West long. regulation to complete prohibition), stock off the U.S. West Coast. seasonal or area closures, fishing year, DATES: Effective July 1, 2017 through ° ′ ° ′ A ...... 32 22.65 79 22.25 rebuilding plans, definitions of essential June 30, 2018. B ...... 32°22.65′ 79°20.5′ C ...... 32°21.15′ 79°20.5′ fish habitat, essential fish habitat, FOR FURTHER INFORMATION CONTACT: D ...... 32°21.15′ 79°22.25′ essential fish habitat HAPCs or Coral Joshua Lindsay, West Coast Region, A ...... 32°22.65′ 79°22.25′ HAPCs, restrictions on gear and fishing NMFS, (562) 980–4034, joshua.lindsay@ activities applicable in essential fish noaa.gov. (vi) Warsaw Hole/50 Fathom Hole habitat and essential fish habitat SUPPLEMENTARY INFORMATION: NMFS Spawning SMZ is bounded by rhumb HAPCs, and establish or modify manages the Pacific sardine fishery in lines connecting, in order, the following spawning SMZs. the U.S. EEZ off the Pacific coast points: * * * * * (California, Oregon, and Washington) in [FR Doc. 2017–13751 Filed 6–29–17; 8:45 am] accordance with the CPS FMP. Annual Point North lat. West long. BILLING CODE 3510–22–P specifications published in the Federal Register establish the allowable harvest A ...... 24°22.277′ 82°20.417′ B ...... 24°22.277′ 82°18.215′ levels (i.e., limit (OFL)/ACL/ C ...... 24°20.932′ 82°18.215′ DEPARTMENT OF COMMERCE HG) for each Pacific sardine fishing D ...... 24°20.932′ 82°20.417′ year. The purpose of this final rule is to A ...... 24°22.277′ 82°20.417′ National Oceanic and Atmospheric implement these annual catch reference Administration points for the 2017–2018 fishing year. (vii) For the purpose of paragraph This final rule adopts, without changes, (a)(2)(i) of this section, transit means 50 CFR Part 660 the catch levels and restrictions that direct, non-stop progression through the [Docket No. 170320292–7580–02] NMFS proposed in the rule published spawning SMZ. Fishing gear on May 30, 2017 (82 FR 24656), appropriately stowed means— RIN 0648–XF311 including the OFL and an acceptable (A) A longline may be left on the biological catch (ABC) that takes into drum if all gangions and hooks are Fisheries Off West Coast States; consideration uncertainty surrounding disconnected and stowed below deck. Coastal Pelagic Species Fisheries; the current estimate of biomass for Hooks cannot be baited. All buoys must Annual Specifications Pacific sardine in the U.S. EEZ off the be disconnected from the gear; however, AGENCY: National Marine Fisheries Pacific coast. buoys may remain on deck. Service (NMFS), National Oceanic and The FMP and its implementing (B) Trawl doors and nets must be out Atmospheric Administration (NOAA), regulations require NMFS to set these of the water, but the doors are not Commerce. annual catch levels for the Pacific required to be on deck or secured on or sardine fishery based on the annual ACTION: Final rule. below deck. specification framework and control

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rules in the FMP. These control rules implementing through this action, an After consideration of the public include the HG control rule, which, in ACL of 8,000 mt and that the incidental comment, no changes were made from conjunction with the OFL and ABC catch of Pacific sardine in other CPS the proposed rule. For further rules in the FMP, are used to manage fisheries be managed with the following background information on this action harvest levels for Pacific sardine, in automatic inseason actions to reduce the please refer to the preamble of the accordance with the Magnuson-Stevens potential for both targeting and discard proposed rule. NMFS summarizes and Fishery Conservation and Management of Pacific sardine: responds below to the comment letter Act, 16 U.S.C. 1801 et seq. According to • An incidental per landing by weight below. the FMP, the quota for the principal allowance of 40 percent Pacific sardine Comment: The commenter expressed commercial fishery is determined using in non-treaty CPS fisheries until a total support for the prohibition on directed the FMP-specified HG formula. The HG of 2,000 mt of Pacific sardine are commercial sardine fishing, but formula in the CPS FMP is HG = landed. opposition to the proposed ACL level, [(Biomass ¥ CUTOFF) * FRACTION * • When 2,000 mt are landed, the and requested that NMFS instead set an DISTRIBUTION] with the parameters incidental per landing allowance will be ACL of no more than 2,000 mt to be described as follows: reduced to 20 percent until a total of divided among the live bait and tribal 1. Biomass. The estimated stock 5,000 mt of Pacific sardine have been sectors, and to accommodate limited biomass of Pacific sardine age one and landed. bycatch. The commenter expressed an above. For the 2017–2018 management • When 5,000 mt have been landed, opinion that the proposed ACL of 8,000 season, this is 86,586 mt. the incidental per landing allowance mt is contrary to the purpose of the 2. CUTOFF. This is the biomass level will be reduced to 10 percent for the CUTOFF and that only minimal below which no HG is set. The FMP remainder of the 2017–2018 fishing incidental catch (i.e., 2,000 mt) should established this level at 150,000 mt. year. be allowed to prevent further depletion 3. DISTRIBUTION. The average Pacific sardine is known to comingle and support sardine recovery. portion of the Pacific sardine biomass with other CPS stocks; thus, these In addition to commenting on the estimated in the EEZ off the Pacific incidental allowances are established to proposed rule, the bulk of the comment coast is 87 percent. allow for the continued prosecution of described various scientific papers and 4. FRACTION. The temperature- these other important CPS fisheries and requested reconsideration of various varying harvest fraction is the reduce the potential discard of sardine. aspects of sardine management percentage of the biomass above 150,000 Additionally, an incidental per landing including the Minimum Stock Size mt that may be harvested. allowance is allowed in non-CPS Threshold value as well as aspects of As described above, the Pacific fisheries: Up to 2 mt may be landed per the harvest guideline control rule, sardine HG control rule, the primary trip. including but not limited to the existing mechanism for setting the annual The NMFS West Coast Regional CUTOFF parameter and the directed commercial fishery quota, Administrator will publish a notice in DISTRIBUTION parameter. (These includes a CUTOFF parameter, which the Federal Register announcing the parameters, as well as other changes to has been set as a biomass level of date of attainment of any of the the sardine harvest control rule and 150,000 mt. This amount is subtracted incidental catch levels described above management are set in the CPS Plan and from the annual biomass estimate before and subsequent changes to allowable are beyond the scope of this rulemaking; calculating the applicable HG for the incidental catch percentages. therefore, they will not be addressed fishing year. Since this year’s biomass Additionally, to ensure that the below.) estimate is below that value, the formula regulated community is informed of any Response: NMFS disagrees that the results in an HG of zero, and no Pacific closure, NMFS will also make ACL implemented in this rule is not in sardine are available for the primary announcements through other means line with the FMP or that it fails to commercial directed fishery during the available, including fax, email, and mail prevent overfishing or ‘‘is excessive and 2017–2018 fishing season. to fishermen, processors, and state risks further depletion and delayed At the April 2017 Pacific Fishery fishery management agencies. recovery’’. The ACL should be viewed Management Council (Council) meeting, As explained in the proposed rule, the in the context of the OFL for the the Council’s Science and Statistical Quinault Indian Nation requested a set- northern subpopulation of Pacific Committee (SSC) approved, and the aside for tribal harvest of 800 mt (the Sardine of 16,957 mt and an ABC of Council adopted, the ‘‘Assessment of same amount that was requested and 15,497 mt that takes into account the Pacific Sardine Resource in 2017 for approved for 2016–2017). NMFS scientific uncertainty surrounding the U.S. Management in 2017–2018,’’ which considered this request and, per this OFL. These harvest reference limits was prepared by NMFS Southwest action, 800 mt of the 2017–2018 ACL were recommended by the Council Fisheries Science Center. The resulting are being set aside for tribal harvest. based on the control rules in the FMP Pacific sardine biomass estimate of Detailed information on the fishery and were endorsed by the Council’s 86,586 mt is the best available science and the stock assessment are found in SSC. The commenter does not question for setting harvest specifications. Based the report ‘‘Assessment of the Pacific that the OFL and ABC levels reflect the on recommendations from its SSC and Sardine Resource in 2017 for U.S. best available science. By definition, other advisory bodies, the Council Management in 2017–2018’’ (see FOR harvest up to the level of OFL or ABC recommended, and NMFS is FURTHER INFORMATION CONTACT). would not constitute overfishing, and implementing, an OFL of 16,957 mt, an would not drive the stock towards an ABC of 15,497 mt, and a prohibition on Comment and Response overfished state. This rule takes a Pacific sardine catch, unless it is On May 30, 2017, NMFS published a conservative approach by limiting harvested as part of either the live bait proposed rule for this action and harvest levels by all sources to an ACL or tribal fishery or incidental to other solicited public comments (82 FR of 8,000 mt, which is well below both fisheries for the 2017–2018 Pacific 24656), with a public comment period the OFL and ABC. All incidental catch, sardine fishing year. As additional that ended on June 14, 2017. NMFS live bait harvest and tribal harvest of management measures, the Council also received one comment letter—explained sardine will be managed to stay at or recommended, and NMFS is below—during the comment period. below the ACL, employing multiple

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safeguards to ensure the ACL will not be implementation of this prohibition prior Islands (MHI) for the 2017–18 fishing exceeded. In short, the management to the expiration of the closure of the year, which will begin on September 1, measures implemented by this rule are directed fishery on July 1, 2017, which 2017, and end on August 31, 2018. If more than adequate to prevent was imposed under the 2016–2017 NMFS projects that the fishery will exceeding the OFL. Additionally, even annual specifications. reach the ACL, NMFS would close the in the absence of any fishing mortality, Delaying the effective date of this rule commercial and non-commercial unfavorable environmental conditions beyond July 1 would be contrary to the fisheries for MHI Deep 7 bottomfish for could keep the sardine population at a public interest because reducing Pacific the remainder of the fishing year as an low level. Small pelagic species, such as sardine biomass beyond the limits set accountability measure (AM). The ACL sardine, undergo wide natural out in this action could decrease the and AM support the long-term fluctuations in abundance, even in the sustainability of the Pacific sardine, as sustainability of Hawaii bottomfish. absence of fishing, from environmental well as cause future harvest limits to be DATES: The final specifications are conditions external to fishing; therefore, even lower under the harvest control effective from July 31, 2017, through it is highly unlikely that reducing the rule, thereby reducing future profits of August 31, 2018. ACL from 8,000 mt to 2,000 mt would the fishery. ADDRESSES: Copies of the Fishery measurably affect long-term fluctuations These final specifications are exempt Ecosystem Plan for the Hawaiian in Pacific sardine abundance. Based on from review under Executive Order Archipelago are available from the the recent stock assessments and NMFS 12866. Western Pacific Fishery Management research, low recent recruitments (i.e., The Chief Counsel for Regulation of Council (Council), 1164 Bishop St., the number of young fish maturing into the Department of Commerce certified Suite 1400, Honolulu, HI 96813, tel. the spawning population) is the primary to the Chief Counsel for Advocacy of the 808–522–8220, fax 808–522–8226, or cause of the current downward trend in Small Business Administration during www.wpcouncil.org. Copies of the overall population size. Recruitment is the proposed rule stage that this action environmental assessment and finding believed to be strongly related to would not have a significant economic of no significant impact for this action, environmental conditions, particularly, impact on a substantial number of small identified by NOAA–NMFS–2017–0033, large-scale oceanographic phenomena. entities. The factual basis for the are available from www.regulations.gov, Classification certification was published in the or from Michael D. Tosatto, Regional proposed rule and is not repeated here. Administrator, NMFS Pacific Islands Pursuant to section 304(b)(1)(A) of the No comments were received regarding Magnuson-Stevens Fishery Region (PIR), 1845 Wasp Blvd. Bldg. this certification. As a result, a 176, Honolulu, HI 96818. Conservation and Management Act, the regulatory flexibility analysis was not NMFS West Coast Regional FOR FURTHER INFORMATION CONTACT: required and none was prepared. Sarah Ellgen, NMFS PIR Sustainable Administrator, with the concurrence of This action does not contain a Fisheries, 808–725–5173. the Assistant Administrator, has collection-of-information requirement determined that this final rule is for purposes of the Paper Reduction Act. SUPPLEMENTARY INFORMATION: Through consistent with the CPS FMP, other this action, NMFS is specifying an ACL provisions of the Magnuson-Stevens Authority: 16 U.S.C. 1801 et seq. of 306,000 lb of Deep 7 bottomfish in Fishery Conservation and Management Dated: June 26, 2017. the MHI for the 2017–18 fishing year. Act, and other applicable laws. Samuel D. Rauch III, The fishing year begins September 1, NMFS finds good cause under 5 Deputy Assistant Administrator for 2017, and ends on August 31, 2018. The U.S.C. 553(d)(3) to waive the 30-day Regulatory Programs, National Marine Council recommended this ACL, based delay in effectiveness for the Fisheries Service. on the best available scientific, establishment of these final harvest [FR Doc. 2017–13685 Filed 6–29–17; 8:45 am] commercial, and other information, specifications for the 2017–2018 Pacific BILLING CODE 3510–22–P taking into account the associated risk sardine fishing season. In accordance of overfishing. The ACL of 306,000 lb with the FMP, this rule was for 2017–18 is 12,000 lb less than the recommended by the Council at its DEPARTMENT OF COMMERCE ACL that NMFS specified for 2016–17 meeting in April 2017, the contents of (82 FR 5429, January 18, 2017). which were based on the best available National Oceanic and Atmospheric The MHI Management Subarea is the new scientific information on the Administration portion of U.S. Exclusive Economic population status of Pacific sardine that Zone around the Hawaiian Archipelago became available at that time. Making 50 CFR Part 665 east of 161°20′ W. The Deep 7 these final specifications effective on [Docket No. 170330338–7585–02] bottomfish are onaga (Etelis coruscans), July 1, 2017, is necessary for the ehu (E. carbunculus), gindai conservation and management of the RIN 0648–XF335 (Pristipomoides zonatus), kalekale (P. Pacific sardine resource. The FMP sieboldii), opakapaka (P. filamentosus), Pacific Island Fisheries; 2017–18 requires a prohibition on directed lehi (Aphareus rutilans), and hapuupuu Annual Catch Limit and Accountability fishing for Pacific sardine for the 2017– (Hyporthodus quernus). 2018 fishing year because the sardine Measures; Main Hawaiian Islands Deep NMFS will monitor the fishery and, if biomass is below the CUTOFF. The 7 Bottomfish we project that the fishery will reach the purpose of the CUTOFF in the FMP— AGENCY: National Marine Fisheries ACL before August 31, 2018, we would, and prohibiting directed fishing when Service (NMFS), National Oceanic and as an AM authorized in 50 CFR 665.4(f), the biomass drops below this level—is Atmospheric Administration (NOAA), close the non-commercial and to protect the stock when biomass is low Commerce. commercial fisheries for Deep 7 and provide a buffer of spawning stock ACTION: Final specifications. bottomfish in Federal waters through that is protected from fishing and August 31, 2018. During a fishery available for use in rebuilding the stock. SUMMARY: NMFS specifies an annual closure for Deep 7 bottomfish, no person A delay in the effectiveness of this rule catch limit (ACL) of 306,000 lb for Deep may fish for, possess, or sell any of these for a full 30 days would not allow the 7 bottomfish in the main Hawaiian fish in the MHI Management Subarea.

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