[Federal Register Volume 59, Number 77 (Thursday, April 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9599]


[[Page Unknown]]

[Federal Register: April 21, 1994]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 662

[Docket No. 940123-4023; ID.# 121493B]
RIN 0648-AG03

 

Northern Anchovy Fishery

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS issues this final rule to change the administrative 
procedure for announcing the annual spawning biomass and harvest quotas 
for the northern anchovy fishery. In the past, time constraints have 
led to shortening the public's review time and making the announcement 
of harvest quotas after the opening date of the fishing season 
specified in the Northern Anchovy Fishery Management Plan (FMP). The 
new procedure provides for the announcement of quotas by interim final 
rule before August 1, the beginning of the fishing season, and provides 
for a longer review period before final quotas are announced.

EFFECTIVE DATE: April 20, 1994.

FOR FURTHER INFORMATION CONTACT: Mr. James J. Morgan at (310) 980-4036.

SUPPLEMENTARY INFORMATION: Each year, allotting time for processing and 
public review of the annual estimated spawning biomass for the northern 
anchovy fishery has led to publishing an announcement of the harvest 
quotas in the Federal Register after the opening date of the fishing 
season specified in the FMP. This is not what was intended when the 
plan was implemented, but the collection of the data in the winter-
spring period on the one hand and the beginning of the fishing season 
in August on the other leaves only a small window for notification and 
review.
    The fishing seasons and the formula for determining the annual 
quotas are precisely defined in the fishery management plan. However, 
the procedure for announcing the quotas is set forth only in Federal 
regulations. The final rule amends 50 CFR 662.20(a) to specify a 
preliminary review, followed by an announcement of interim final quotas 
in the Federal Register before August 1, the beginning of the fishing 
season. After the fishery begins in August, additional public review 
and review by the Pacific Fishery Management Council (Council) would 
result in a final determination. The only basis for changing the quotas 
is determination of an error in the data used or in the calculations. 
If such an error were identified, revised quotas would be announced 
based on the new information.
    If a quota is taken before the entire review of the relevant 
background material is completed, the fishery will be closed.
    The address of the Director, Southwest Region, NMFS, in Sec. 662.2 
is updated to reflect the current location in Long Beach, California.

Classification

    The Assistant Administrator for Fisheries, NOAA, has determined 
that this rule is consistent with the Magnuson Act and other applicable 
law.
    Because this rule affects procedure only, under the Administrative 
Procedure Act (5 U.S.C. 553), it may be, and is being, made immediately 
effective without prior notice and opportunity for comment thereon, or 
without a 30-day delay in effective date.
    This rule is not subject to review under Executive Order 12866.

List of Subjects in 50 CFR Part 662

    Fisheries.

    Dated: April 15, 1994.
Charles Karnella,
Acting Program Management Officer, National Marine Fisheries Service.

    For the reasons set forth above, 50 CFR part 662 is amended as 
follows:

PART 662--NORTHERN ANCHOVY FISHERY

    1. The authority citation for part 622 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.

    2. In Sec. 662.2, the definition of Regional Director is revised to 
read as follows:


Sec. 662.2  Definitions.

* * * * *
    Regional Director means the Director, Southwest Region, National 
Marine Fisheries Service, 501 W. Ocean Boulevard, Suite 4200, Long 
Beach, CA 90802-4213, or a designee.
* * * * *
    3. In Sec. 662.20, paragraph (a) is revised to read as follows:


Sec. 662.20  Harvest quota.

    (a) Announcement of harvest quotas. The total harvest quota, 
reduction harvest quota, subarea B harvest quota, and special 
allocations will be determined by the Regional Director from the 
estimated spawning biomass according to the formulas in paragraph (b) 
of this section, and will be announced on or about August 1 as interim 
final quotas. The quotas will be announced according to the following 
procedure:
    (1) No less than 14 calendar days before the meeting of the 
Council's Anchovy Planning team and Advisory Subpanel, a notice will be 
published in the Federal Register notifying the public when the 
estimate of the annual spawning biomass will be available. The notice 
also will announce the date and location of a meeting of the Council's 
Anchovy Planning team and Advisory Subpanel, where the estimated 
spawning biomass and the annual quotas will be reviewed and public 
comments received. This meeting is expected to convene during the 
second week of June.
    (2) All materials relating to the annual quotas will be forwarded 
to the Council and its Scientific and Statistical Committee and will be 
available for public inspection at the Office of the Regional Director.
    (3) On or about August 1, the interim final quotas will be 
published in the Federal Register with an opportunity for public 
comment.
    (4) At a regular meeting of the Council, the Council will review 
the estimated spawning biomass and harvest quotas and offer time for 
public comment. The Council will either accept the harvest quotas as 
published or recommend to the Regional Director that the numbers be 
revised. If a revision is requested, a justification for the revision 
must be provided. An annual quota may be adjusted only if inaccurate 
data were used or if errors were made in the calculations.
    (5) If the Regional Director determines that a change in a harvest 
quota is justified, NMFS will publish a notice in the Federal Register 
notifying the public of the change and the reasons for the change. If 
no changes are necessary, the interim final quotas will become final 
quotas, and no notice will be published.
* * * * *
[FR Doc. 94-9599 Filed 4-20-94; 8:45 am]
BILLING CODE 3510-22-P