[Federal Register Volume 62, Number 162 (Thursday, August 21, 1997)]
[Rules and Regulations]
[Pages 44425-44426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22093]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 970813196-7196-01; ID. 073197A]


Fisheries Off West Coast States and in the Western Pacific; 
Northern Anchovy Fishery; Quotas for the 1997-98 Fishing Year

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

ACTION: Interim final quotas.

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SUMMARY: NMFS announces the estimated spawning biomass and interim 
final harvest quotas for the northern anchovy fishery in the exclusive 
economic zone south of Point Reyes, CA, the 1997-98 fishing year. 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. If no changes are necessary, these interim final quotas will 
become final quotas without further notice. The intended effect of this 
action is to establish allowable harvest levels for the central 
subpopulation of Pacific anchovy.

DATES: Effective on August 15, 1997. Comments will be accepted until 
September 15, 1997.

ADDRESSES: Submit comments on the interim final quotas to Dr. William 
T. Hogarth, Acting Regional Administrator, Southwest Region, NMFS, 501 
West Ocean Blvd., Suite 4200, Long Beach, CA 90802-4213. Administrative 
Reports LJ-95-11 and LJ-97-08 are available from this same address.

FOR FURTHER INFORMATION CONTACT: Mr. James J. Morgan, Southwest Region, 
NMFS, (562) 980-4036.

SUPPLEMENTARY INFORMATION: In consultation with the California 
Department of Fish and Game and the NMFS Southwest Fisheries Science 
Center, the Acting Administrator, Southwest Region, NMFS, (Regional 
Administrator) has decided to use the 1995 estimate of 388,000 mt 
spawning biomass for the central subpopulation of northern anchovy, 
Engraulis mordax, to set harvest limits for the 1997-98 fishing year. 
This is the same biomass estimate that was used for the 1995-96 and the 
1996-97 fishing years and is being used because no new assessment has 
been made. Recently examined indices of relative abundance of anchovy 
schools from airplane fish-spotter logs and egg production from 
research cruises indicate that the biomass remains at or above that 
estimated in 1995.
    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). Administrative Report LJ-97-08 examining indices 
of relative abundance was provided at a public meeting of the Pacific 
Fishery Management Council's (Council) Coastal Pelagics Planning Team 
and Advisory Subpanel in Long Beach, CA, on June 18, 1997. At that 
time, a review of the status of the anchovy resource was presented by 
the Planning Team, and NMFS requested estimates of domestic processing 
needs from the fishing industry so that a basis could be established 
for setting annual quotas. As was the case in 1996, representatives of 
the industry felt that 13,000 mt would meet the needs of the reduction 
industry.
    Reports of the Planning Team and the Advisory Subpanel were then 
presented to the Council at its June 23-25 meeting in Seattle, WA. 
Although no additional information was provided to the Council 
regarding anticipated domestic use of anchovy, the Council recommended 
that the entire 61,600 mt available for reduction fishing be allocated 
to the domestic fishery (70 percent of the biomass above 300,000 mt). 
There is some uncertainty with regard to what the domestic fishery will 
harvest, and there is always great uncertainty with regard to what 
Mexico will harvest. Nevertheless, the U.S. harvest has remained low. 
The Mexican harvest increased significantly in 1995 but dropped to a 
moderate level in 1996. With the information available, the best 
estimate of domestic use for reduction fishing is 13,000 mt.
    According to the formula in the FMP, the U.S. 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. 
Since 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 U.S. OY not used by U.S. fishermen is identified as 
total allowable level of foreign fishing (TALFF) and is available to 
foreign fishing.
    The amount of the TALFF is based on the portion of the U.S. OY that 
will not be used by U.S. fishermen, minus the amount of harvest by 
Mexican vessels that is in excess of that allocated to Mexico according 
to the formula in the FMP. The estimate of Mexican excess harvest is 
based on the largest harvest in the last 3 years; however, the biomass 
has been so low during this time that there was no significant fishery 
off Mexico until 1995, and there has been no excess Mexican harvest as 
defined in the FMP.
    After considering the above, the Regional Administrator has made 
the following determinations for the 1997-98 fishing year by applying 
the formulas in the FMP and in 50 CFR Part 660.509(b):
    1. The total U.S. 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

[[Page 44426]]

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. 660.509(b)).
    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 660.509 and is exempt from 
review under E.O. 12866.
    The Assistant Administrator for Fisheries, NOAA (AA) finds for good 
cause under 5 U.S.C. 553(b)(B) that providing prior notice and an 
opportunity for public comment on this action is unnecessary because 
establishing the quota is a ministerial act, determined by applying a 
formula in the FMP. Accordingly, providing prior notice and an 
opportunity for public comment would serve no useful purpose.
    Because this rule merely establishes a quota and does not require 
any participants in the fishery to take action or to come into 
compliance, the AA finds for good cause under 5 U.S.C. 553(d)(3) that 
delaying the effective date of this rule for 30 days is unnecessary. 
Further, because establishing a quota allows the opening of the 
fishery, it relieves a restriction and under 5 U.S.C. 553(d)(1) is not 
subject to a delay in effective date. Accordingly the AA makes the 
quota effective upon the date of filing for public inspection with the 
Office of the Federal Register.

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

    Dated: August 15, 1997.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 97-22093 Filed 8-15-97; 3:46 pm]
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