Federal Register - June 24, 2021
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Fuente: Federal Register
33146
Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Rules and Regulations
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various Pacific sardine control rules is not a required element dictated by the Magnuson-Stevens Act or National Standard 1. Instead, it is an additional precautionary policy adopted and used by the Council to further reduce the harvest of Pacific sardine beyond what is required. Amendment 18 does not supersede the Councils ability to recommend a change to the Distribution parameter if and when they deem it necessary.
Comment 6: Oceana claims that NMFS has not, and therefore must analyze the effects of each alternative on essential fish habitat EFH for salmon, groundfish, and highly migratory species.
Response: NMFS notes that this action is a rebuilding plan intended only to continue limiting fishing mortality in order to allow the Pacific sardine population to rebuild. The closure of the primary directed fishery
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is maintained through this action. There are no anticipated impacts to EFH that have not already been considered in prior EFH consultations on the Pacific sardine fishery, even when the primary directed fishery was open. Only the smaller sectors of the fishery with very limited take of Pacific sardine e.g., the live bait fishery would occur under Amendment 18, as the primary directed fishery will remain closed until the stock reaches its rebuilding target.
Comment 7: Oceana claimed that NMFS has not adequately consulted on the potential effects from Amendment 18 on Endangered Species Act ESAlisted predators, and that NMFS must reinitiate an ESA consultation for this action.
Response: Oceana did not introduce any new scientific information that would require NMFS to reinitiate consultation under the ESA. Prior ESA
consultations on the Pacific sardine
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fishery concluded that there would be no significant impact to ESA-listed species, and those consultations analyzed effects when the primary directed fishery was open. Amendment 18 maintains the closure of the primary directed fishery and only allows a very limited amount of take for the remaining small sectors of the fishery. As it relates to this action, potential impacts to species listed under the ESA would be if this action somehow changed the type of gear used by the fishery, or the timing or location of fishing. This action does not do any of those things.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 14, 2021.
Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.
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