[Federal Register Volume 63, Number 160 (Wednesday, August 19, 1998)]
[Rules and Regulations]
[Pages 44409-44410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22219]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 980806211-8211-01; I.D. 071598I]
RIN 0648-AK24


Fisheries off West Coast States and in the Western Pacific; 
Northern Anchovy Fishery; Quotas for the 1998-99 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 1998-99 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. We will revise the quotas by a subsequent rulemaking if the 
comments warrant it. The intended effect of this action is to establish 
allowable harvest levels for the central subpopulation of Pacific 
anchovy.

DATES: Effective on August 15, 1998. Comments will be accepted until 
September 17, 1998.

ADDRESSES: Submit comments on the final quotas to Dr. William T. 
Hogarth, Administrator, Southwest Region, (Regional Administrator), 
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) 980-4030.

SUPPLEMENTARY INFORMATION: In consultation with the California 
Department of Fish and Game and with the NMFS Southwest Fisheries 
Science Center, the Administrator, Southwest Region, NMFS, has decided 
to use the 1995 estimate of 388,000 metric tons (mt) spawning biomass 
for the central subpopulation of northern anchovy, Engraulis mordax, to 
set harvest limits for the 1998-99 fishing year. This is the same 
biomass estimate that was used for the 1995-96, 1996-97, and 1997-98 
fishing years, and is being used because no new assessment has been 
made. Indices of relative abundance from fish-spotter logs and egg 
production from research cruises in 1997 indicated that

[[Page 44410]]

the current biomass remained 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). Information on the status of the resource was 
provided at a public meeting of the Pacific Fishery Management 
Council's (Council) Coastal Pelagic Species Plan Development Team 
(Planning Team) and Advisory Subpanel in Long Beach, CA, on June 11, 
1998. 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 
1997, the industry estimated 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 22-26 meeting in Seattle, WA. The 
Council reviewed the quotas for the 1998-99 fishing year and 
recommended that they be approved.
    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 and 1997. With the information available, the 
best estimate of domestic harvest for reduction is 13,000 mt.
    According to the formula in the Northern Anchovy Fishery Management 
Plan (FMP), the U.S. optimum yield (OY) is 66,500 mt (70 percent of the 
95,000 mt international OY). The U.S. OY includes 61,600 mt, 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 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, is 
identified as total allowable level of foreign fishing (TALFF) and is 
available to foreign fishing.
    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 1998-99 fishing year by applying 
the formulas in the FMP and in 50 CFR 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 purposesis 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. 660.509(b)).
    4. There is no U.S. harvest limit for the live baitfishery.
    5. The domestic annual processing capacity (DAP) is13,000 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 13,000mt. 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 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 13, 1998.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 98-22219 Filed 8-13-98; 3:29 pm]
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