[Federal Register Volume 61, Number 181 (Tuesday, September 17, 1996)]
[Rules and Regulations]
[Pages 48853-48854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23770]


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DEPARTMENT OF COMMERCE
50 CFR Part 662

[Docket No. 960903241-6241-01; I.D. 081996B]


Northern Anchovy Fishery; Quotas for the 1996-97 Fishing Year

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

ACTION: Final quotas.

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SUMMARY: NMFS announces the estimated spawning biomass and final 
harvest quotas for the northern anchovy fishery in the exclusive 
economic zone south of Point Reyes, CA, for the 1996-97 fishing season. 
These quotas may only be adjusted if inaccurate data were used or if 
errors were made in the calculations. Comments on these two points are 
invited. The intended effect of this action is to establish allowable 
harvest levels of Pacific anchovy.

DATES: Effective on August 1, 1996. Comments will be accepted until 
October 15, 1996.

ADDRESSES: Submit comments on the final quotas to Ms. Hilda Diaz-
Soltero, Regional Director, Southwest Region, NMFS, 501 West Ocean 
Blvd., Suite 4200, Long Beach, CA 90802-4213. Administrative Report LJ-
95-11 is available from this same address.

FOR FURTHER INFORMATION CONTACT: Mr. James J. Morgan, Southwest Region, 
NMFS, (310) 980-4036.

SUPPLEMENTARY INFORMATION: In consultation with the California 
Department of Fish and Game and the NMFS Southwest Fisheries Science 
Center, the Director of the Southwest Region, NMFS, has decided to use 
the 1995 estimate of 388,000 mt spawning biomass of the central 
subpopulation of northern anchovy, Engraulis mordax, to set harvest 
limits for the 1996-97 fishing season. This is the same biomass 
estimate that was used for the 1995-96 fishing season because no new 
estimate has been made.
    On March 26, 1996, a proposed rule was published in the Federal 
Register (61 FR 13148), recommending that Federal regulations 
implementing the Northern Anchovy Fishery Management Plan (FMP) be 
removed. This proposal was based on the fact that harvests of anchovy 
have declined greatly since 1982, and that this situation is unlikely 
to change in the foreseeable future. Interjurisdictional and allocation 
issues that might require Federal intervention no longer exist. 
Removing Federal regulations would mean that the anchovy fishery would 
continue to be regulated by the State of California. Since no final 
action has yet been taken on this proposed rule, Federal regulation of 
the fishery is still effective, and a quota must be set for the 1996 
fishing season, which begins on August 1 under the regulations.
    The biomass estimate was derived from a stock assessment model 
using spawning biomass estimated by five indices of abundance. 
Documentation of the spawning biomass is contained in Administrative 
Report LJ-95-11, published by the Southwest Fisheries Science Center, 
NMFS (see ADDRESSES). This report and the determination of harvest 
quotas were provided to the Pacific Fishery Management Council 
(Council) last year, and a meeting of the Council's Coastal Pelagics 
Planning Team and Advisory Subpanel was held in Long Beach, CA, on June 
21, 1995. At that time, NMFS requested estimates of

[[Page 48854]]

domestic processing needs from the fishing industry so that a basis 
could be established for setting annual quotas. Additional information 
was received at the June 26-29, 1995, meeting of the Council. The 
result of these meetings was the thorough review of the 1995 estimate 
of the spawning biomass, which is the purpose of the meetings as stated 
in 50 CFR 662.20(a)(1). There is no new information to support a change 
from the assessment made in 1995. No stock assessment was conducted in 
1996. With the information available, a modest harvest based on last 
year's estimate of the spawning biomass and on the needs of the U.S. 
fishery as expressed by the industry is reasonable.
    According to the formula in the FMP, the optimum yield (OY) is 
61,600 mt (70 percent of the biomass above 300,000), which is allocated 
to reduction fisheries, plus 4,900 mt for non-reduction fisheries. 
There is no agreement with Mexico on the management of northern 
anchovy; a portion of the biomass (30 percent) above 300,000 mt is 
designated as the amount to account for this unregulated harvest. Any 
portion of the OY not used by U.S. fishermen is identified as total 
allowable level of foreign fishing (TALFF) and is available to foreign 
fishing.
    The estimates of the amount of anchovy that will be used by the 
U.S. fishing industry is based, usually, on the largest amount of 
reduction and non-reduction processing in the previous 3 years; 
however, the spawning biomass has been below 300,000 mt for 3 of the 
last 4 years and no fishery was allowed. There was no reduction harvest 
in 1995.
    The TALFF depends on that portion of the OY that will not be used 
by U.S. fishermen, minus the amount of harvest by Mexican vessels that 
is in excess of the average Mexican harvest (calculated according to 
the formula in the FMP). The estimate of Mexican excess harvest is 
based, generally, on the largest harvest in the last 3 years; however, 
the biomass has been so low during this time that there has been no 
significant fishery off Mexico until last year, and there was no excess 
Mexican harvest last year as defined in the FMP. Historically, the 
Mexican fishery has been based on availability and not on abundance. 
Recent harvests are not a reliable predictor of Mexican harvest under 
conditions of sudden increased abundance.
    After considering the above, the Regional Director has made the 
following determinations for the 1996-97 fishing season by applying the 
formulas in the FMP and in 50 CFR 662.20.
    1. The total OY for northern anchovy is 66,500 mt, plus an 
unspecified amount for use as live bait.
    2. The total U.S. harvest quota for reduction purposes is 13,000 
mt.
    a. Of the total reduction harvest quota, 1,300 mt is reserved for 
the reduction fishery in Subarea A (north of Pt. Buchon). The FMP 
requires that 10 percent of the U.S. reduction quota or 9,072 mt, 
whichever is less, be reserved for the northern fishery. This is not a 
special quota, but only a reduction in the amount allocated to the 
southern fishery south of Pt. Buchon (Subarea B). After the northern 
fishery has harvested 1,300 mt, any unused portion of the Subarea B 
allocation may also be harvested north of Pt. Buchon.
    b. The reduction quota for Subarea B (south of Pt. Buchon) is 
11,700 mt.
    3. The U.S. harvest quota for non-reduction fishing (i.e., fishing 
for anchovy for use as dead bait or human consumption) is 4,900 mt (as 
set by Sec. 662.20).
    4. There is no U.S. harvest limit for the live bait fishery.
    5. The domestic annual processing capacity (DAP) is 13,000 mt.
    6. The amount allocated to joint venture processing (JVP) is zero, 
because there is no history of, nor are there applications for, joint 
ventures.
    7. Domestic annual harvest capacity (DAH) is 13,000 mt. DAH is the 
sum of DAP and JVP.
    8. The TALFF is 48,600 mt.
    The fishery will be monitored during the year and evaluated with 
respect to the OY and the estimated needs of the fishing industry. 
Adjustments may be made to comply with the requirements of the FMP and 
its implementing regulations.
    This action is authorized by 50 CFR part 662 and is exempt from 
review under E.O. 12866.

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

    Dated: September 11, 1996.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 96-23770 Filed 9-12-96; 12:32 pm]
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