[Federal Register Volume 62, Number 75 (Friday, April 18, 1997)]
[Rules and Regulations]
[Pages 19042-19046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10115]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Parts 660 and 662

[Docket No. 960614176-7081-02; I.D. 030797A]
RIN 0648-AI19


Fisheries off West Coast States and in the Western Pacific; 
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 is consolidating 50 CFR part 662, the regulations 
implementing the management measures for the northern anchovy fishery, 
into 50 CFR part 660, the regulations governing federally managed 
fisheries in the exclusive economic zone (EEZ) off the West Coast 
States and in the Western Pacific. This final rule makes no substantive 
changes to the existing regulations for northern anchovy, and is 
intended to make Federal regulations better organized and easier for 
the public to use. This action is part of the President's Regulatory 
Reinvention Initiative.

EFFECTIVE DATE: These regulations are effective on April 18, 1997.

FOR FURTHER INFORMATION CONTACT: Mr. Rod McInnis, NMFS, 562-980-4030.

SUPPLEMENTARY INFORMATION: In March 1995, President Clinton issued a 
directive to Federal agencies regarding their responsibilities under 
his Regulatory Reinvention Initiative. This initiative is part of the 
National Performance Review and calls for comprehensive regulatory 
reform. The President directed all agencies to review their 
regulations, with an emphasis on eliminating or modifying those that 
are obsolete, duplicative, or otherwise in need of reform.
    Consistent with that directive, NMFS published a final rule to 
consolidate the regulations governing the fisheries off the West Coast 
States and in the Western Pacific (61 FR 34570, July 2, 1996). The 
final rule at 50 CFR part 660 combined the regulations formerly found 
at 50 CFR parts 661 (Ocean Salmon Fisheries off the Coasts of 
Washington, Oregon, and California); 663 (Pacific Coast Groundfish 
Fisheries); 680 (Western Pacific Precious Corals); 681 (Western Pacific 
Crustacean Fisheries); 683 (Western Pacific Bottomfish and Seamount 
Groundfish Fisheries); and 685 (Pelagic Fisheries of the Western 
Pacific Region).
    Also consistent with the President's directive, NMFS published a 
proposed rule (61 FR 13148, March 26, 1996), to remove the regulations 
at 50 CFR part 662 that implement the Northern Anchovy Fishery 
Management Plan (FMP), which was prepared by the Pacific Fishery 
Management Council (Council). The proposed rule stated that the FMP was 
unnecessary, given the ability of the State of California to regulate 
the fishery. Since the regulations were proposed to be removed, they 
were not incorporated in 50 CFR part 660.
    The Council and other commenters advocated retention of the FMP as 
a means to support California's management measures and coordination 
with Mexico. Also, the President, on October 11, 1996, signed into law 
S.39, the Sustainable Fisheries Act (SFA), which amended the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) 
(16 U.S.C. 1801 et seq.). Section 109(i) of the SFA added a provision 
to the Magnuson-Stevens Act that states that the Secretary may repeal 
or revoke an FMP for a fishery under the authority of a fishery 
management council only if the appropriate council approves the repeal 
or revocation by a three-quarters majority of its voting members (NOAA 
considers this language advisory, not mandatory). After considering 
public comments and the amended language of the Magnuson-Stevens Act, 
NMFS withdrew the rule that proposed to remove the Federal regulations 
governing the northern anchovy fishery. Since Federal management of the 
fishery still exists, the regulations governing the fishery at 50 CFR 
part 662 need to be consolidated with the other West Coast and Western 
Pacific regulations at 50 CFR part 600. This final rule so consolidates 
those regulations. Some minor changes to the regulations for northern 
anchovy have been made to make them consistent in style and format with 
50 CFR part 660.
    Under NOAA Administrative Order 205-11, 7.01, dated December 17, 
1990, the Under Secretary for Oceans and Atmosphere has delegated, to 
the Assistant Administrator for Fisheries, NOAA, the authority to sign 
material for publication in the Federal Register.

Classification

    This action has been determined to be not significant for purposes 
of E.O. 12866.
    Notwithstanding any other provision of law, no person is required 
to respond to nor shall a person be subject to a penalty for failure to 
comply with a collection of information subject to the requirements of 
the Paperwork Reduction Act (PRA) unless that collection of information 
displays a currently valid Office of Management and Budget (OMB) 
control number. This rule repeats an information collection under PRA 
that was previously approved by OMB under OMB control number 0648-0306. 
The estimated response time is 45 minutes per vessel (30 hours in the 
fishery).
    Because this rule makes only nonsubstantive changes to existing 
regulations, no useful purpose would be served by providing advance 
notice and opportunity for public comment. Accordingly, the Assistant 
Administrator for Fisheries, NOAA under 5 U.S.C. 553(b)(B), for good 
cause finds that providing notice and opportunity for public comment is 
unnecessary. Because this rule is not substantive, it is not subject to 
a 30-day delay in effective date under 5 U.S.C. 553(d).

List of Subjects

15 CFR Part 902

    Reporting and recordkeeping requirements.

50 CFR Part 660

    Fisheries, Fishing, Reporting and recordkeeping requirements.

50 CFR Part 662

    Fisheries.


[[Page 19043]]


    Dated: April 14, 1997.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 15 CFR Chapter IX and 50 
CFR Chapter VI are amended as follows:

15 CFR CHAPTER IX

PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE 
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS

    1. The authority citation for part 902 continues to read as 
follows:

    Authority: 44 U.S.C. 3501 et seq.

    2. In Sec. 902.1, in paragraph (b) the table is amended by removing 
in the left column under 50 CFR, the entry ``662.5'', and in the right 
column, in corresponding position, the control number ``-0306'', and by 
adding in numerical order, the following entries to read as follows:


Sec. 902.1  OMB control numbers assigned pursuant to the Paperwork 
Reduction Act.

* * * * *
    (b) * * *

------------------------------------------------------------------------
                                                                Current 
                                                                  OMB   
                                                                control 
                                                                 number 
     CFR part or section where the information collection         (all  
                    requirement is located                      numbers 
                                                                 begin  
                                                               with 0648-
                                                                   )    
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                  *        *        *        *        *                 
50 CFR                                                                  
  *        *        *        *        *                                 
Sec.  660.505................................................      -0306
                                                                        
                  *        *        *        *        *                 
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50 CFR CHAPTER VI

PART 660--FISHERIES OFF WEST COAST STATES AND WESTERN PACIFIC 
STATES

    3. The authority citation for part 660 continues to read as 
follows:

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

    4. Subpart I is added to read as follows:

Subpart I--Northern Anchovy Fishery

660.501  Purpose and scope.
660.502  Definitions.
660.503  Relation to other laws.
660.504  Recordkeeping and reporting.
660.505  Vessel identification.
660.506  Prohibitions.
660.507  Facilitation of enforcement.
660.508  Penalties.
660.509  Harvest quota.
660.510  Closures.
660.511  Fishing seasons.
660.512  Closed areas.
660.513  Gear limitations.

Subpart I--Northern Anchovy Fishery


Sec. 660.501  Purpose and scope.

    This subpart governs fishing for northern anchovy by vessels of the 
United States in the Pacific anchovy fishery area (PAFA). This subpart 
implements the Northern Anchovy Fishery Management Plan (FMP) developed 
by the Pacific Fishery Management Council under the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act) as 
amended.


Sec. 660.502  Definitions.

    In addition to the definitions in the Magnuson-Stevens Act and in 
Sec. 600.10 of this chapter, the terms used in this subpart have the 
following meanings:
    Anchovy means fish of the species Engraulis mordax, or parts or 
products thereof.
    Council means the Pacific Fishery Management Council.
    Fishing year means a 12-month period beginning August 1 and 
extending through July 31 of the following year.
    Live bait fishery means fishing for northern anchovies for use as 
live bait in other fisheries.
    Nonreduction fishery means fishing for northern anchovies for use 
as dead bait or providing fish for human consumption.
    Northern anchovy means fish of the species Engraulis mordax, or 
parts or products thereof.
    PAFA means the Pacific anchovy fishery area, which is the EEZ 
seaward of California, and between 38 deg. N. lat. (Point Reyes) and 
the United States-Mexico International Boundary, which is a line 
connecting the following coordinates:

32 deg.35'22'' N. lat., 117 deg.27'49'' W. long.
32 deg.37'37'' N. lat., 117 deg.49'31'' W. long.
31 deg.07'58'' N. lat., 118 deg.36'18'' W. long.
30 deg.32'31'' N. lat., 121 deg.51'58'' W. long.

    Reduction fishery means fishing for northern anchovies for the 
purposes of conversion into fish flour, fish meal, fish scrap, 
fertilizer, fish oil, or other fishery products or byproducts for 
purposes other than direct human consumption.
    Reduction harvest quota means the amount of anchovies, by weight, 
which may be harvested during a fishing year for reduction purposes.
    Regional Administrator means the Administrator, Southwest Region, 
NMFS (see Table 1 of Sec. 600.502 for address).
    Spawning biomass means the estimated amount, by weight, of all 
sexually mature northern anchovies in the central subpopulation 
(defined as) from 38 deg. N. lat. (Point Reyes) south to approximately 
30 deg. N. lat. at Punta Baja, Baja California.
    Special allocations means that part of the total harvest quota 
reserved for non-reduction fishing, reduction fishing in subarea A, and 
any conservation purpose.
    Subarea A means the northern portion of the PAFA between 38 deg. N. 
lat. (Point Reyes), and a southern limit at 35 deg.14' N. lat. (Point 
Buchon).
    Subarea B means the southern portion of the PAFA between 35 deg.14' 
N. lat. (Point Buchon), and the United States-Mexico International 
Boundary described in this section.
    Subarea B harvest quota means the amount of anchovies, by weight, 
which may be harvested during a fishing year for reduction purposes in 
Subarea B.
    Total harvest quota means the total amount of anchovies, by weight, 
which may be harvested during a fishing year by the reduction and non-
reduction fisheries.


Sec. 660.503  Relation to other laws.

    (a) Any state law that pertains to vessels registered under the 
laws of that state while fishing in the EEZ, and which is consistent 
with the Federal regulations, will continue to have force and effect on 
fishing activities addressed in this subpart.
    (b) If a vessel has filed with the State of California a 
declaration of intent to take anchovies for reduction purposes, any 
fishing for anchovies by that vessel will be conclusively presumed to 
be for reduction purposes unless an exemption to the declaration has 
been filed with the State of California.


Sec. 660.504  Recordkeeping and reporting.

    Data regarding fishing vessels, fishing activities, landings and 
processing activities required by the FMP for the reduction and non-
reduction fisheries are collected by the State of California under 
existing data collection provisions. No additional reports will be 
required of fishermen or processors as long as the data collection and 
reporting systems operated by the State of California continue to 
provide the Secretary of Commerce (Secretary) with statistical 
information adequate for management. Reporting requirements may be 
implemented by emergency regulations if this reporting system becomes 
inadequate for management purposes.

[[Page 19044]]

Sec. 660.505  Vessel identification.

    (a) Official number. Each fishing vessel in the reduction fishery 
must display its official number on the port and starboard sides of the 
deckhouse or hull, and on an appropriate weather deck so as to be 
visible from enforcement vessels and aircraft. The official number is 
the anchovy reduction registration number issued by the State of 
California.
    (b) Numerals. The official number must be affixed to each vessel 
subject to this subpart in block Arabic numerals at least 14 inches 
(35.56 cm) in height. Markings must be legible and of a color that 
contrasts with the background.


Sec. 660.506  Prohibitions.

    In addition to the general prohibitions specified in Sec. 600.725, 
it is unlawful for any person to do any of the following:
    (a) Fish for anchovies in the PAFA:
    (1) During any applicable closed season or in any applicable closed 
area specified in this subpart;
    (2) During any applicable closure specified in this subpart; or
    (3) Aboard a fishing vessel that has not filed an applicable 
declaration of intent with the State of California.
    (b) Take or retain anchovies for reduction purposes in the PAFA 
unless they are taken with authorized fishing gear as specified in 
Sec. 660.513.


Sec. 660.507  Facilitation of enforcement.

    See Sec. 600.730 of this chapter.


Sec. 660.508  Penalties.

    See Sec. 600.735 of this chapter.


Sec. 660.509  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 Administrator 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 document will 
be published in the Federal Register notifying the public when the 
estimate of the annual spawning biomass will be available. The document 
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 
Administrator.
    (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 Administrator 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 Administrator determines that a change in a 
harvest quota is justified, NMFS will publish a document 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.
    (b) Determination of harvest quotas. The total harvest quota in the 
PAFA will be determined by adding the non-reduction fishery allocation 
in the PAFA and the reduction harvest quota in the PAFA, and they will 
be separately determined by the following formulas.
    (1) When the estimated spawning biomass is less than 300,000 mt, 
there will be no reduction harvest quota, and the non-reduction 
allocation in the PAFA will be 4,900 mt.
    (2) When the estimated spawning biomass is equal to or greater than 
300,000 mt, the reduction harvest quota in the PAFA will be 70 percent 
of the estimated spawning biomass in excess of 300,000 mt or 140,000 
mt, whichever is less, and the non-reduction fishery allocation in the 
PAFA will be 4,900 mt except as specified in Sec. 660.510(b).
    (3) When the estimated spawning biomass is less than 50,000 mt for 
2 consecutive fishing years, there will be no reduction quota and no 
non-reduction allocation until the spawning biomass reaches or exceeds 
50,000 mt.
    (4) There is no limit on the harvest of anchovy for live bait, 
except that when the spawning biomass is less than 50,000 mt for 2 
consecutive fishing years, there will be no live bait harvest until the 
spawning biomass reaches or exceeds 50,000 mt.
    (c) Subarea B harvest quota. The reduction harvest quota for 
subarea B will be equal to the reduction harvest quota in the PAFA 
minus a reserve of 10 percent of the reduction harvest quota or 9,072 
mt, whichever is less. This reserve is allocated to the reduction 
fishery in subarea A except as provided in paragraph (d) of this 
section.
    (d) Reallocation of subarea A reserve. The Secretary may reallocate 
on June 1 from subarea A to subarea B that portion of the reserve 
allocated to subarea A under paragraph (c) of this section that will 
not be harvested in subarea A by the end of the fishing year. This 
amount will be estimated based on catch to date in the current year and 
the expected intentions of processors and fishermen in the reduction 
fishery north of Point Buchon to harvest anchovies in the remaining 
fishing year. Reallocation under this paragraph will be based first, on 
a need to increase the subarea B harvest quota and secondly, on the 
projected reduction harvest in subarea A to the end of the fishing 
year.
    (e) Procedure for reallocation of subarea A reserve. (1) The 
Secretary may, by May 1 each year, determine the need to increase the 
subarea B harvest quota as provided in paragraph (d) of this section if 
the expected reduction fishery harvest in subarea B is an amount equal 
to or greater than the subarea B harvest quota. After making a 
determination that the subarea B harvest quota needs to be increased as 
provided in paragraph (d) of this section, the Secretary will make the 
estimate under paragraph (d) of this section on or about May 15 and, as 
soon as practicable after June 1, announce to all reduction fishing 
vessel owners and operators and licensed anchovy reduction plant 
operators by notification in the Federal Register and other appropriate 
notice--
    (i) The change in the subarea B quota.
    (ii) The reasons for the change.
    (iii) A summary of, and responses to, any comments submitted under 
paragraph (e)(3) of this section.
    (2) The Regional Administrator will compile in aggregate form all 
data used to make the estimates under paragraph (d) of this section and 
make them available for public inspection during normal business hours 
at the Southwest Regional Office at the address in Table 1 
Sec. 600.502.
    (3) Comments from the public on the estimates made under paragraph 
(d) of this section may be submitted to the Regional Administrator 
until May 31.
    (f) Anchovies harvested for reduction and non-reduction purposes in 
the PAFA and adjacent territorial sea will

[[Page 19045]]

be counted toward the total harvest quota.


Sec. 660.510  Closures.

    (a) Closure of the reduction fishery. The Secretary will close the 
reduction fishery during the open season provided in Sec. 660.511 when 
the total harvest quota in the PAFA is taken. The Secretary will close 
only the reduction fishery in subarea B when the subarea B reduction 
harvest quota is taken.
    (b) Closure of the non-reduction fishery. The Secretary will close 
the non-reduction fishery in the PAFA only if the total harvest quota 
is taken.
    (c) Procedure for closing. (1) When the harvest quotas prescribed 
in Sec. 660.509 are about to be taken, the Secretary will announce, by 
notification in the Federal Register and to the Council and the 
California Department of Fish and Game, the date of closure in one or 
both subareas.
    (2) If a reduction fishery closure is announced, the reduction 
fishery in the affected subarea will cease on the date of closure 
specified in the Federal Register document provided by paragraph (c)(1) 
of this section, and will not resume until a final determination of new 
harvest quotas is announced under Sec. 662.509.
    (3) The non-reduction fishery in the PAFA ceases on the date that a 
total harvest quota closure is announced under paragraph (c)(1) of this 
section, and will not resume until a new harvest quota is announced 
under Sec. 660.509.


Sec. 660.511  Fishing seasons.

    All open seasons will begin at 0001 hours and terminate at 2400 
hours local time. The PAFA is closed to anchovy fishing except as 
follows:
    (a) Non-reduction fishing season. The open season for non-reduction 
fishing in the PAFA is from August 1 to July 31.
    (b) Reduction fishing season. (1) In subarea A, the open season for 
reduction fishing in the PAFA is from August 1 to June 30.
    (2) In subarea B, the open season for reduction fishing in the PAFA 
is from September 15 to June 30.


Sec. 660.512  Closed areas.

    (a) Non-reduction fishery. There are no closed areas for non-
reduction fishing in the PAFA.
    (b) Reduction fishery. The following areas are closed to reduction 
fishing:
    (1) Farallon Islands closure (see Figure 1). The portion of subarea 
A bounded by--
    (i) A straight line joining Pigeon Point Light (37 deg.10.9' N. 
lat., 122 deg.23.6' W. long.) and the U.S. navigation light on 
Southeast Farallon Island (37 deg.42.0' N. lat., 123 deg.00.1' W. 
long.).
    (ii) A straight line joining the U.S. navigation light on Southeast 
Farallon Island (37 deg.42.0' N. lat., 123 deg.00.1' W. long.) and the 
U.S. navigation light on Point Reyes (37 deg.59.7' N. lat., 
123 deg.01.3' W. long.).
    (2) Subarea B closures. That portion of subarea B described as--
    (i) Oxnard closure (see Figure 1). The area that extends offshore 
four (4) miles (7.41 km) from the mainland shore between lines running 
250 deg. true from the steam plant stack at Manadalay Beach 
(34 deg.12.4' N. lat., 119 deg.15.0' W. long.) and 220 deg. true from 
the steam plant stack at Ormond Beach (34 deg.07.8' N. lat., 
119 deg.10.0' W. long.).
    (ii) Santa Monica Bay closure (see Figure 1). Santa Monica Bay 
shoreward of that line from Malibu Point (34 deg.01.8' N. lat., 
188 deg.40.8' W. long.) to Rocky Point (Palos Verdes Point) 
(33 deg.46.5' N. lat., 118 deg.25.7' W. long.).
    (iii) Los Angeles Harbor closure (see Figure 1). The area outside 
Los Angeles Harbor described by a line extending six (6) miles (11.11 
km) 180 deg. true from Point Fermin (33 deg.42.3' N. lat., 
118 deg.17.6' W. long.) and then to a point located three (3) miles 
(5.56 km) offshore on a line 225 deg. true from Huntington Beach Pier 
(33 deg.39.2' N. lat., 118 deg.00.3' W. long.).
    (iv) Oceanside to San Diego closure (see Figure 1). The area six 
(6) miles (11.11 km) from the mainland shore south of a line running 
225 deg. true from the tip of the outer breakwater (33 deg.12.4' N. 
lat., 117 deg.24.1' W. long.) of Oceanside Harbor to the United States-
Mexico International Boundary.


Sec. 660.513  Gear limitations.

    (a) Nonreduction fishery. There are no limitations on gear used in 
the non-reduction fishery.
    (b) Reduction fishery. Authorized fishing gear only may be used in 
the reduction fishery. Authorized fishing gear will be round haul nets 
that have a minimum wet-stretch mesh size of 10/16 of an inch (1.59 cm) 
excluding the bag portion of a purse seine. The bag portion must be 
constructed as a single unit and must not exceed a rectangular area 
adjacent to 20 percent of the total corkline of the purse seine. 
Minimum mesh size requirements are met if a stainless steel wedge can 
be passed with only thumb pressure through 16 of 20 sets of two meshes 
each of wet mesh. The wedges used to measure trawl mesh size are made 
of 20 gauge stainless steel, and will be no wider than 10/16 of an inch 
(1.59 cm) less one thickness of the metal at the widest part.

PART 662--[REMOVED]

    5. Under the authority of 16 U.S.C. 1801 et seq., part 662 is 
removed.

BILLING CODE 3510-22-P

[[Page 19046]]

[GRAPHIC] [TIFF OMITTED] TR18AP97.004



Figure 1--Existing California Area Closures (hatched areas extend 
to 3 miles (5.56 km) offshore; cross-hatched areas extend beyond 3 
miles (5.56 km) 0ffshore) and Optional Catalina Channel foreign 
vessel closure (outlined by dashed lines)

[FR Doc. 97-10115 Filed 4-17-97; 8:45 am]
BILLING CODE 3510-22-C