Federal Register/Vol. 84, No. 126/Monday, July 1, 2019/Rules

31222 Federal Register / Vol. 84, No. 126 / Monday, July 1, 2019 / Rules and Regulations

policies and procedures of the fissionable metals), the rule applies only PART 3830—LOCATING, RECORDING, Department, the term ‘‘categorical a statutory adjustment of the mining AND MAINTAINING MINING CLAIMS exclusion’’ means a category of actions claim location and maintenance fees OR SITES; GENERAL PROVISIONS which do not individually or that the BLM has been collecting for cumulatively have a significant effect on many years. It will not significantly ■ 1. The authority citation for part 3830 the human environment and which change financial obligations of the continues to read as follows: have been found to have no such effect mining industry. on procedures adopted by a Federal Authority: 18 U.S.C. 1001, 3571; 30 U.S.C. Author agency and for which, therefore, neither 22, 28, 28k, 242, 611; 31 U.S.C. 9701; 43 an environmental assessment nor an The principal author of this final rule U.S.C. 2, 1201, 1212, 1457, 1474, 1740, 1744; environmental impact statement is is Elaine Guenaga in the Solid Minerals 115 Stat. 414; Pub. L. 112–74, 125 Stat. 786. required. Group assisted by the Division of Regulatory Affairs, Washington Office, Subpart D—BLM Service Charge and Executive Order 13211, Actions BLM. Fee Requirements Concerning Regulations That List of Subjects in 43 CFR Part 3830 Significantly Affect Energy Supply, ■ 2. Amend § 3830.21 by revising Distribution, or Use Mines; Public lands—mineral paragraphs (a) and (d) of the table to This rule is not a significant energy resources; Reporting and recordkeeping read as follows: action. It will not have an adverse effect requirements. on energy supplies. To the extent that For the reasons stated in the § 3830.21 What are the different types of the rule affects the mining of energy preamble, the BLM amends 43 CFR part service charges and fees? minerals (i.e., uranium and other 3830 as follows: * * * * *

Transaction Amount due per mining claim or site Waiver available

(a) Recording a mining claim or site location (part 3833) .. A total sum which includes: No. (1) The processing fee for notices of location found in the fee schedule in § 3000.12 of this chapter;. (2) A one-time $40 location fee; and (3)(i) For lode claims, mill sites and tunnel sites, an initial $165 maintenance fee; or (ii) For placer claims, an initial $165 maintenance fee for each 20 acres of the placer claim or portion thereof.

******* (d) Maintaining a mining claim or site for one assessment (1) For lode claims, mill sites and tunnel sites, an annual Yes. See part 3835. year (part 3834). maintenance fee of $165 must be paid on or before September 1 each year. (2) For placer claims, a $165 annual maintenance fee for each 20 acres of the placer claim or portion thereof must be paid on or before September 1 each year.

*******

Dated: June 24, 2019. ACTION: Final rule. SUPPLEMENTARY INFORMATION: NMFS Joseph R. Balash, manages the Pacific sardine fishery in Assistant Secretary, Land and Minerals SUMMARY: NMFS issues this final rule to the U.S. exclusive economic zone (EEZ) Management. implement annual management off the Pacific Coast (California, Oregon, [FR Doc. 2019–13963 Filed 6–28–19; 8:45 am] measures and catch limits for the and Washington) in accordance with the BILLING CODE 4310–84–P northern subpopulation of Pacific Coastal Pelagic Species (CPS) Fishery sardine for the fishing year from July 1, Management Plan (FMP). The FMP and 2019, through June 30, 2020. This action its implementing regulations require DEPARTMENT OF COMMERCE prohibits directed commercial fishing NMFS to set annual catch levels for the for Pacific sardine off the U.S. Pacific Pacific sardine fishery based on the National Oceanic and Atmospheric Coast, except in the live bait or minor annual specification framework and Administration directed fisheries, or as part of control rules in the FMP. These control exempted fishing permit activities, and rules include the harvest guideline (HG) 50 CFR Part 660 establishes limits on the incidental control rule, which, in conjunction with the overfishing limit (OFL) and [Docket No. 190409351–9512–02] harvest of Pacific sardine in other fisheries. This action is intended to acceptable biological catch (ABC) rules RIN 0648–XG972 conserve and manage the Pacific sardine in the FMP, are used to manage harvest stock off the U.S. West Coast. levels for Pacific sardine, in accordance Fisheries Off West Coast States; with the Magnuson-Stevens Fishery Coastal Pelagic Species Fisheries; DATES: Effective July 1, 2019, through Conservation and Management Act Annual Specifications June 30, 2020. (Magnuson-Stevens Act), 16 U.S.C. 1801 AGENCY: National Marine Fisheries FOR FURTHER INFORMATION CONTACT: et seq. Service (NMFS), National Oceanic and Lynn Massey, West Coast Region, This final rule implements the annual Atmospheric Administration (NOAA), NMFS, (562) 436–2462, lynn.massey@ catch levels and reference points for the Commerce. noaa.gov. 2019–2020 fishing year. The final rule

VerDate Sep<11>2014 15:54 Jun 28, 2019 Jkt 247001 PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 E:\FR\FM\01JYR1.SGM 01JYR1 khammond on DSKBBV9HB2PROD with RULES Federal Register / Vol. 84, No. 126 / Monday, July 1, 2019 / Rules and Regulations 31223

adopts, without changes, the catch the current estimate of biomass for Management Council (Council) derived levels and restrictions that NMFS Pacific sardine in the U.S. EEZ off the its recommended specifications for proposed in the rule published on May U.S. Pacific Coast. The proposed rule for Pacific sardine. Those details are not 28, 2019 (84 FR 24459), including the this action included additional repeated here. For additional OFL and ABC that take into background on specifications and the information, please refer to the consideration uncertainty surrounding details of how the Pacific Fishery proposed rule for this action.

TABLE 1—REFERENCE POINTS FOR THE 2019–2020 SARDINE FISHING YEAR IN METRIC TONS [mt]

Biomass estimate OFL ABC HG ACL ACT

27,547 ...... 5,816 4,514 0 4,514 4,000

This final rule implements an OFL of fishing year per the Council’s At the April 2019 meeting, the 5,816 mt, an ABC and ACL of 4,514 mt, recommendation. Council also voted in support of two and allows Pacific sardine catch only for The final specifications include the EFP proposals that would exempt the live bait, in a minor directed fishery, as following management measures and permit holders from the prohibition on incidental catch in other fisheries, or inseason accountability measures for direct harvest of Pacific sardine. The under an exempted fishing permit commercial sardine harvest during the ACT and ACL were formulated with the (EFP). Additionally, this rule 2019–2020 fishing year: assumption that up to 405 mt of Pacific implements an annual catch target (1) Directed live bait fishing is sardine would be harvested under these (ACT) of 4,000 mt, as well as restrictions allowed, subject to the accountability two EFPs. on the incidental catch of Pacific measure specified under number 2 On May 28, 2019, NMFS published a sardine by other fisheries and a trip below. proposed rule for this action and (2) If landings by the live bait fishery limit that could be imposed on directed solicited public comments (84 FR reach 2,500 mt, NMFS will impose a 1- fishing for sardine as live bait. 24459) through June 12, 2018. NMFS mt trip limit on retention of sardine in received two public comment letters— For the first time, the estimated the live bait fishery. one from the CPS industry group biomass for Pacific sardine has fallen (3) A 20-percent incidental per California Wetfish Producers below the 50,000-mt minimum stock landing by weight catch allowance will Association (CWPA), and one from the size threshold (MSST) defined in the be applied to other CPS primary environmental advocacy organization CPS FMP, which requires NMFS to directed commercial fisheries (e.g., Oceana. Both comment letters included initiate a process to declare the Pacific Pacific mackerel). multiple comments, including some sardine stock overfished. Although (4) A 2-mt per trip incidental catch comments that were beyond the scope NMFS has not officially determined the allowance will apply to non-CPS of this rulemaking. After considering stock to be overfished, the Council made fisheries. both public comments, no changes were recommendations for the 2019–2020 (5) If the ACT of 4,000 mt is harvested made from the proposed rule. NMFS Pacific sardine harvest specifications in by all fishing sectors combined, NMFS summarizes and responds to the anticipation of NMFS making such a will impose a 1-mt trip limit on sardine comment letters below. caught as live bait, and a 1-mt trip limit determination in the near future. The Comments and Responses CPS FMP previously required that when on incidentally-caught sardine when a CPS stock is overfished, live bait caught while targeting other CPS. Comment 1: The CWPA stated that it landings of that stock be restricted to All sources of catch, including any disagrees with the determination made EFP set-asides, the live bait fishery, and only incidental catch up to 15 percent for this rule by the Chief Counsel for other minimal sources of harvest, such Regulation of the Department of of total CPS on board. However, on June as incidental catch in CPS and non-CPS Commerce under the Regulatory 10, 2019, NMFS approved Amendment fisheries, and minor directed fishing, Flexibility Act (RFA), 5 U.S.C. 601 et 17 to the CPS FMP, which removed this will be counted against the ACL. seq., which concluded that the 2019– pre-specified limit on fishing for live The NMFS West Coast Regional 2020 proposed harvest specifications bait of a CPS stock that is overfished. Administrator will publish a notice in and management measures would not Because Amendment 17 was still under the Federal Register to announce when have a significant economic impact on Secretarial review at the April 2019 catch reaches the incidental limits as a substantial number of small entities. Council meeting, the Council well as any changes to allowable The commenter’s primary objection to recommended management measures incidental catch percentages. the determination is that the proposed for the 2019–2020 sardine fishing year Additionally, to ensure that the action would significantly reduce profit that matched the status quo FMP regulated community is informed of any for a substantial number of small provisions (i.e., no directed live bait for closure, NMFS will make entities, and specifically that the overfished stocks and 15 percent announcements through other means, proposed 20-percent incidental landing maximum incidental limit on live bait including emails to fishermen, allowance of Pacific sardine in other for overfished stocks) but also stated its processors, and state fishery CPS directed fisheries would have a desire to use the provision of management agencies. significant impact on the affected Amendment 17 (i.e., allow directed live As explained in the proposed rule, the entities. bait for overfished stocks with no Quinault Indian Nation did not request Response: As stated in the proposed predetermined limits) if it is approved. a tribal set-aside for the 2019–2020 rule, the annual HG is the main tool Because NMFS approved Amendment fishing year and therefore no set-aside used to manage the principal 17, directed live bait fishing for sardine was established and none is accounted commercial sardine fishery and is the will be permitted for the 2019–2020 for under the ACL. harvest level NMFS typically uses for

VerDate Sep<11>2014 15:54 Jun 28, 2019 Jkt 247001 PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 E:\FR\FM\01JYR1.SGM 01JYR1 khammond on DSKBBV9HB2PROD with RULES 31224 Federal Register / Vol. 84, No. 126 / Monday, July 1, 2019 / Rules and Regulations

profitability analysis. For the purposes allowance has the lowest possible percent. However, this is only 4 out of of profitability analysis, this final rule economic impact on small entities 406 landings made by CPS fishermen implements an HG of zero for the 2019– permitted under the CPS FMP. targeting anchovy that had any 2020 Pacific sardine fishing season (July Fishery information from recent years incidental Pacific sardine landings 1, 2019, through June 30, 2020). suggests that a 20-percent incidental greater than 20 percent. Similarly, for Likewise, the HG for the previous 3 landing limit will not unnecessarily the Pacific mackerel fishery, only 1 fishing years was also set at zero, constrain other CPS fisheries that landing in the 2017–2018 fishing year, thereby prohibiting the primary encounter Pacific sardine. In the and none of the 177 Pacific mackerel commercial directed Pacific sardine previous years when the commercial landings in the 2018–2019 fishing year fishery. Therefore, NMFS determined directed Pacific sardine fishery was had any Pacific sardine landings that that this rule will not change the closed, the maximum incidental harvest exceeded than 20 percent. Therefore potential profitability compared to limit of Pacific sardine in other CPS based on recent fishing practices, and recent fishing years for the primary fisheries was set initially at 40 percent, recent utilization allowances for commercial fishery for Pacific sardine. and then set to be reduced when the incidental Pacific sardine landings, In addition to the primary commercial year’s cumulative landings hit a certain NMFS determined that this action fishery, NMFS recognized that this level. For example, for the 2018–2019 would not significantly affect action also affects other fisheries for Pacific sardine fishing year, incidental profitability. NMFS recognizes that CPS- Pacific sardine such as live bait and harvest allocation for Pacific sardine in species mixing rates can change and minor directed fisheries, as well as other other CPS fisheries was set at 40 percent fishing conditions are dynamic. To CPS fisheries that incidentally catch by weight until 2,500 mt were caught, accommodate the dynamic nature of the Pacific sardine. NMFS also determined after which the limit would be reduced CPS fisheries, NMFS has supported that the proposed action will not to 20 percent. Similarly for the 2017– Council recommendations over the last significantly reduce the profitability of 2018 fishing year, 40 percent incidental few years that have allowed access to those fisheries compared to previous sardine harvest was allowed until 2,000 the applicable Pacific sardine ACLs by years. Specifically, the various directed mt were caught, after which it would other CPS fisheries that have available and incidental catch allowances, such have been reduced to 20 percent. The quota, including the maximum 40- as the maximum allowed incidental 2017–2018 fishing year also had a percent incidental harvest limit during catch rate of 20 percent, and other provision to further reduce incidental the last 2 years and the maximum 20- inseason management measures in this sardine harvest to 10 percent if total percent incidental harvest limit this rule, are intended to not only help catch reached 5,000 mt. NMFS year. prevent overfishing but also ensure, to considered the reduction in the Pacific Comment 2: The CWPA stated that the extent practicable, maximum access sardine incidental allowances for the NMFS did not adequately consider the to Pacific sardine throughout the fishing 2019–2020 fishing year and potential potential for significant environmental year for these other fishery sectors. impact for CPS fisheries that effects, including socioeconomic effects, Regarding the commenter’s objection incidentally catch this stock in the RFA from the proposed action, and should to setting the incidental landing determination for this action. During the have conducted an environmental allowance at 20 percent, NMFS notes 2017–2018 and 2018–2019 fishing years, assessment (EA) under the National that the FMP requires that the incidental while operating with a 40-percent Environmental Policy Act. catch allowance for an overfished CPS incidental trip limit, the other CPS Response: NMFS considered whether stock be set between 0 and 20 percent fisheries only incidentally caught 275 this action triggered any extraordinary of the landed weight of the target stock. mt and 174 mt (as of April 1, 2019) of circumstances that may require analysis Therefore, the incidental catch Pacific sardine, respectively. Over this in an EA or environmental impact allowances for other CPS fisheries same time period of the 2018–2019 statement (EIS). NMFS did not find that cannot be higher than 20 percent. Pacific sardine fishing year, the any extraordinary circumstances were According to the CPS FMP, Pacific commercial anchovy fishery off of triggered. In addition, NMFS sardine is in an overfished condition California caught approximately 11,000 determined that there were no when its biomass is below 50,000 mt. mt of anchovy, leading to one of the significant adverse economic impacts The 2019 Pacific sardine stock highest annual anchovy landing levels caused by this action. Additionally, assessment, which has been determined in California in recent history. These NMFS determined that this rule does to be the best scientific information numbers demonstrate that the anchovy not demonstrate any potential for available for setting the 2019–2020 fishery did not need to regularly utilize adverse impacts to the marine harvest specifications, shows that a high percentage mix of Pacific sardine environment because the level of Pacific sardine biomass is below this when harvesting anchovy. allowable fishing has been analyzed level. Although NMFS has not officially Although the commenter presents within the scope of impacts considered determined the stock to be overfished, landings data that they state in the EIS prepared for the original FMP the Council recognized that NMFS demonstrates that a lower incidental and the EA prepared for Amendment 13 would likely declare the stock limit will constrain other CPS fisheries, to the FMP. Lastly, this rule prohibits overfished in the upcoming several based on the information above, it the primary commercial fishery from months, and accordingly recommended appears that when this data is put in the harvesting Pacific sardine during the an incidental allowance limit within larger context of all landings per upcoming fishing year to protect the this 0 to 20 percent range during the species, not just landings that had Pacific sardine resource, thereby April meeting when the Council makes incidental catch, a 20 percent incidental negating the potential for any significant decisions about annual Pacific sardine may not be as restrictive as looks based impacts on any target or non-target specifications for the season that starts on that data. For example, the species or other marine resources. the following July. The only alternative commenter references data showing that Comment 3: The CWPA comment to the 20-percent incidental allowance four anchovy landings during the letter stated that NMFS should would have been a lower incidental current 2018–2019 Pacific sardine disapprove this action because it is not allowance. For this reason, fishing season had incidental Pacific based on the best scientific information implementing a 20-percent incidental sardine in amounts higher than 20 available. The commenter’s primary

VerDate Sep<11>2014 15:54 Jun 28, 2019 Jkt 247001 PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 E:\FR\FM\01JYR1.SGM 01JYR1 khammond on DSKBBV9HB2PROD with RULES Federal Register / Vol. 84, No. 126 / Monday, July 1, 2019 / Rules and Regulations 31225

rationale for this is that the Pacific stock overfished and requested that catch exceeded the OFL. As noted by sardine stock assessment is inaccurate NMFS declare that overfishing occurred the commenter this has never happened. and that Pacific sardine biomass is on Pacific sardine in past years based on Therefore overfishing has never higher than the estimate from the most exploitation rates presented in the 2019 occurred in this fishery. recent stock assessment. Pacific sardine stock assessment, Classification Response: NMFS determined that this specifically that overfishing occurred in action is based on the best scientific 2017 and 2018 based on the combined Pursuant to section 304(b)(1)(A) of the information available. This includes the U.S. and Mexico exploitation rate, Magnuson-Stevens Act, the NMFS 2019 Pacific sardine stock assessment, which are also actions outside the scope Assistant Administrator has determined which the Council’s SSC and NMFS of this rule. that this final rule is consistent with the reviewed and approved as the best Response: NMFS agrees with the CPS FMP, other provisions of the scientific information available for commenter regarding the prohibition on Magnuson-Stevens Act, and other setting Pacific sardine harvest primary directed fishing and the 20- applicable law. specifications. NMFS did not identify percent incidental landing limit for There is good cause under 5 U.S.C. inaccuracies in the 2019 Pacific sardine Pacific sardine. Changes to the 553(d)(3) to waive the 30-day delay in assessment. NMFS recognizes that management framework of Pacific effectiveness of these final harvest during various reviews of the Pacific sardine and to the Pacific sardine specifications for the 2019–2020 Pacific sardine assessment, the assessors and harvest control rules are set in the CPS sardine fishing season. In accordance reviewers explored uncertainty in the FMP and are beyond the scope of this with the FMP, this rule was data used in the model and the rulemaking. NMFS notes that some of recommended by the Council at its technical methods used to analyze the these changes, such as to the value for meeting in April 2019. The contents of data (e.g. selectivity patterns for the Distribution in the Pacific sardine this rule were based on the best survey data, use of different age and harvest control rules and the MSST, available information on the population length composition data, recruitment). have been previously reviewed during status of Pacific sardine at that time. However, the uncertainty in the data or specific agenda items at Council Making these final specifications the technical methods was not meetings. However, NMFS will effective on July 1, the first day of the substantial enough to invalidate the communicate other concerns to the fishing season, is necessary for the determination that the assessment PFMC for their consideration during conservation and management of the represents the best scientific related future management planning for Pacific sardine resource because last information available for setting Pacific the Pacific sardine stock. year’s restrictions on harvest are not sardine harvest specifications. Regarding the change in stock status effective after June 30. The FMP NMFS is continually working to for Pacific sardine, NMFS is still in the requires a prohibition on directed improve methods to estimate Pacific process of making a formal declaration fishing for Pacific sardine for the 2019– sardine biomass. In recent years, the on a change to the stock status of Pacific 2020 fishing year because the sardine commenter and other CPS industry sardine to overfished, however we still biomass has dropped below the members have stated that the Pacific expect to submit a letter to the Council 150,000-mt threshold for a primary sardine abundance they observe at sea is regarding a change in the status of the directed commercial fishery. The inconsistent with the results of the Pacific sardine stock in the coming purpose of this threshold in the FMP, Pacific sardine assessment. To that end, months. and for prohibiting directed fishing the harvest specifications in this action As it relates to the comment that when the biomass drops below this were set to allow up to 405 mt of Pacific overfishing has occurred, it appears the level, is to protect the stock when sardine to be harvested under two EFPs commenter is confused with regard to biomass is low and provide a buffer of supporting industry-run research on how overfishing is determined for spawning stock that is protected from Pacific sardine and other CPS. These Pacific sardine, how ABC is calculated, fishing and can contribute to rebuilding EFPs will allow participants to assess and the differences between rate/fishing the stock. A delay in the effectiveness of CPS abundance in inshore areas that are mortality based overfishing criteria and this rule for a full 30 days would result too shallow for NOAA vessels to survey. total catch based criteria. As stated in in the re-opening the directed NMFS is currently finalizing review and the preamble of the proposed rule and commercial fishery on July 1. approval for this important research. this final rule, Pacific sardine uses a Delaying the effective date of this rule Comment 4: Oceana supported the total catch-based method to determine beyond July 1 would be contrary to the prohibition on primary directed fishing whether overfishing is occurring. That is public interest because it would for Pacific sardine and the reduction in why the OFL is set annually in the jeopardize the sustainability of the the incidental catch allowance of Pacific harvest specifications. Pacific sardine Pacific sardine stock. Furthermore, most sardine in other CPS fisheries from 40 harvest specifications do not set a affected fishermen are aware that the percent to 20 percent. In addition to fishing mortality level or rate as the Council recommended that directed commenting on the proposed rule, indicator for whether overfishing will commercial fishing be prohibited for the Oceana’s comment (and previous public occur. Although NMFS’ Magnuson- 2019–2020 fishing year and are fully comments by Oceana referenced in its Stevens Act National Standard 1 prepared to comply with the letter) requested reconsideration of guidelines at 50 CFR part 600 Subpart prohibition. various aspects of Pacific sardine D provide the option of defining This final rule is exempt from the management that are not within the ‘‘overfishing status’’ by using either a procedures of E.O. 12866 because this scope of this action. The fishing mortality rate measured against action is an annual fishery management recommendations in the comment letter a maximum fishing mortality threshold specification under the Magnuson- include changing the start date of the or catch in terms of numbers or weight Stevens Act. fishery, revising the MSST value, and of fish measured against an OFL, the The Chief Counsel for Regulation of modifying various parameters in the CPS FMP defines overfishing for Pacific the Department of Commerce certified OFL, ABC, and HG control rules. sardine by establishing an OFL to the Chief Counsel for Advocacy of the Oceana also commented on NMFS’ annually. Overfishing would occur for Small Business Administration during timeline on declaring the Pacific sardine Pacific sardine if total United States the proposed rule stage that this action

VerDate Sep<11>2014 15:54 Jun 28, 2019 Jkt 247001 PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 E:\FR\FM\01JYR1.SGM 01JYR1 khammond on DSKBBV9HB2PROD with RULES 31226 Federal Register / Vol. 84, No. 126 / Monday, July 1, 2019 / Rules and Regulations

would not have a significant economic certification. As a result, a regulatory for purposes of the Paperwork impact on a substantial number of small flexibility analysis was not required and Reduction Act. none was prepared. entities for purposes of the RFA. The Authority: 16 U.S.C. 1801 et seq. factual basis for the certification was Pursuant to Executive Order 13175, published in the proposed rule and is this final rule was developed after Dated: June 25, 2019. not repeated here. NMFS received a meaningful consultation and Samuel D. Rauch III, comment regarding this certification collaboration with the tribal Deputy Assistant Administrator for that is summarized above in the representative on the Council who has Regulatory Programs, National Marine preamble of the final rule. This agreed with the provisions that apply to Fisheries Service. tribal vessels. comment did not cause NMFS to change [FR Doc. 2019–13960 Filed 6–28–19; 8:45 am] This action does not contain a BILLING CODE 3510–22–P its determination regarding the collection-of-information requirement

VerDate Sep<11>2014 15:54 Jun 28, 2019 Jkt 247001 PO 00000 Frm 00056 Fmt 4700 Sfmt 9990 E:\FR\FM\01JYR1.SGM 01JYR1 khammond on DSKBBV9HB2PROD with RULES