[Federal Register Volume 65, Number 176 (Monday, September 11, 2000)]
[Rules and Regulations]
[Page 54817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-23253]



[[Page 54817]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 000831250-0250-01; 071400E]
RIN 0648-AN74


Fisheries off West Coast States and in the Western Pacific; 
Coastal Pelagic Species Fisheries; Annual Specifications

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

ACTION: Final harvest guideline.

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SUMMARY: NMFS announces the annual harvest guideline for Pacific 
mackerel in the exclusive economic zone off the Pacific coast. The 
Coastal Pelagic Species Fishery Management Plan (FMP) and its 
implementing regulations require NMFS to set an annual harvest 
guideline for Pacific mackerel based on a formula in the FMP. The 
intended effect of this action is to establish allowable harvest levels 
for Pacific mackerel off the Pacific coast.

DATES: Effective September 11, 2000.

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

SUPPLEMENTARY INFORMATION: The FMP, which was implemented by a final 
rule published in the Federal Register on December 15, 1999 (64 FR 
69888), divides managed species into two categories--actively managed 
and monitored. Harvest guidelines of actively managed species (i.e., 
Pacific sardine and Pacific mackerel) are based on formulas applied to 
current biomass estimates. Current biomass estimates are not calculated 
for species that are only monitored (i.e., jack mackerel, northern 
anchovy, and market squid).
    At a public meeting each year, the biomass for each actively 
managed species is presented by the Pacific Fishery Management 
Council's (Council) Coastal Pelagic Species Management Team (Team) to 
the Council's Coastal Pelagic Species Advisory Subpanel (Subpanel). At 
that time, the biomass, the harvest guideline, and the status of the 
fisheries are reviewed. Following review by the Council's Scientific 
and Statistical committee and after hearing public comments, the 
Council makes a recommendation to NMFS, which publishes the annual 
harvest guideline in the Federal Register as soon as practicable before 
the beginning of the appropriate fishing season. The Pacific mackerel 
season began on July 1, 2000, and ends on June 30, 2001, or until the 
harvest guideline is caught and the fishery is closed. All landings of 
Pacific mackerel from July 1, 2000, to the effective date of this rule 
will be counted toward the total harvest guideline of 20,740 (metric 
tons) mt.
    On June 8, 2000, consistent with the procedures of the FMP, the 
biomass report and harvest guideline for Pacific mackerel were reviewed 
at a public meeting of the Team and a public meeting of the Subpanel at 
the offices of the California Department of Fish and Game in Long 
Beach, California. A modified virtual population analysis stock 
assessment model is used to estimate biomass of Pacific mackerel. The 
model employs both fishery-dependent and fishery-independent indices to 
estimate abundance. Using this model, the biomass was calculated 
through the end of 1999. The biomass was then estimated for July 1, 
2000, based on (1) the number of Pacific mackerel estimated to comprise 
each year class at the beginning of 2000, (2) modeled estimates of 
fishing mortality during 1999, (3) assumptions for natural and fishing 
mortality through the first half of 2000, and (4) estimates of age-
specific growth. Based on this approach, the biomass for July 1, 2000, 
is 116,967 metric tons (mt) and the harvest guideline is 20,740 mt. At 
its meeting on June 30, 2000, in Portland, OR, the Council heard 
reports from the Team, the Scientific and Statistical Committee, and 
the Subpanel. No public comments were received. The Council recommended 
publishing the harvest guideline as presented.
    The biomass estimated for the period July 1, 1999, through June 30, 
2000, was 239,286 mt; therefore, the biomass for the 2000/2001 fishery 
of 116,967 mt is a significant reduction. During calendar year 1998, 
Mexico harvested 50,750 mt of Pacific mackerel and the U.S. harvested 
20,073 mt. This high fishing mortality is one reason for the decline in 
biomass. There also has been a general decline in age-zero fish since 
1991. Fish were scarce in the area of the fishery off the U.S. coast 
and off Mexico during 1999.
    The formula in the FMP uses the following factors to determine the 
harvest guideline:
    1. The biomass of Pacific mackerel. For 2000, this estimate is 
116,967 mt.
    2. The cutoff. This is the biomass level below which no commercial 
fishery is allowed. The FMP established the cutoff level at 18,200 mt.
    3. The portion the Pacific mackerel biomass that is in U.S. waters. 
This estimate is 70 percent, based on the average of larval 
distribution obtained from scientific cruises and the distribution of 
the resource obtained from logbooks of fish-spotters.
    4. The harvest fraction. This is the percentage of the biomass 
above 18,200 mt that may be harvested. The FMP established the harvest 
fraction at 30 percent.
    Based on the estimated biomass of 116,967 mt and the formula in the 
FMP, a harvest guideline of 20,740 mt was calculated for the fishery 
beginning on July 1, 2000. This harvest guideline is available for 
harvest for the fishing season July 1, 2000, through June 30, 2001.

Classification

    This action is authorized by 50 CFR 660.509 and is exempt from 
review under Executive Order 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. Providing 
prior notice and an opportunity for public comment would serve no 
useful purpose because establishing the harvest guideline is a 
nondiscretionary act determined by following procedures and formulas 
set in the FMP.
    Because this rule merely announces the result of harvest guideline 
calculations 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.

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

    Dated: September 5, 2000.
William T. Hogarth,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 00-23253 Filed 9-8-00; 8:45 am]
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