[Federal Register Volume 65, Number 249 (Wednesday, December 27, 2000)]
[Rules and Regulations]
[Pages 81766-81767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-33005]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 001215358-0358-01; 113000A]
RIN 0648-AN78


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 
sardine in the exclusive economic zone off the Pacific coast for the 
January 1, 2001, through December 31, 2001, fishing season. This 
harvest guideline has been calculated according to the regulations 
implementing the Coastal Pelagic Species Fishery Management Plan (FMP). 
The intended effect of this action is to establish allowable harvest 
levels for Pacific sardine off the Pacific coast.

DATES: Effective January 1, 2001, through December 31, 2001.

ADDRESSES: The report Stock Assessment of Pacific Sardine with 
Management Recommendations for 2001 is available from Rebecca Lent, 
Administrator, Southwest Region, (Regional Administrator), NMFS, 501 
West Ocean Blvd., Suite 4200, Long Beach, CA 90802-4213.

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

SUPPLEMENTARY INFORMATION: The FMP divides managed species into two 
categories: actively managed and monitored. Harvest guidelines for 
actively managed species (Pacific sardine and Pacific mackerel) are 
based on formulas applied to current biomass estimates. Harvest 
guidelines for monitored species (jack mackerel, northern anchovy, and 
market squid), which are underutilized or under the jurisdiction of the 
State of California, are not based on current biomass estimates, 
although a constant allowable biological catch (ABC) for each species 
is based on the long-term yield of each species.
    At a public meeting each year, the biomass for each actively 
managed species is presented at a public meeting held by the Pacific 
Fishery Management Council's (Council) Coastal Pelagic Species 
Management Team (Team). At that time, the biomass, the harvest 
guideline, and the status of the fishery is reviewed. Following review 
and recommendations by the Council and after hearing all public 
comments, NMFS publishes the annual harvest guideline in the Federal 
Register before the beginning of the fishing season.
    On October 17, 2000, in accordance with the procedures of the FMP, 
the biomass report and harvest guideline for Pacific sardine were 
reviewed at a public meeting of the Team at the offices of the 
Southwest Region in Long Beach, California. A public meeting between 
the Team and the Council's CPS Advisory Subpanel (Subpanel) was held 
the following day. The Council reviewed the report at its meeting of 
November 2, 2000, and heard comments from its advisory bodies and the 
public. No significant comments on the biomass estimate were received; 
therefore, the Council recommended to NMFS that the biomass and harvest 
guideline be announced.
    The sardine population was estimated using a modified version of 
the integrated stock assessment model called Catch at Age Analysis of 
Sardine-Two Area Model (CANSAR-TAM). CANSAR-TAM is a forward-casting, 
age-structured analysis using fishery dependent and fishery independent 
data to obtain annual estimates of sardine abundance, year-class 
strength, and age-specific fishing mortality for 1983 through 2000. The 
modification of CANSAR-TAM was developed to account for the expansion 
of the Pacific sardine stock northward to include waters off the 
northwest Pacific coast. Documentation of the 2000 estimate is 
described in Stock Assessment of Pacific Sardine with Management 
Recommendations for 2001 (see ADDRESSES).
    The formula in the FMP uses the following factors to determine the 
harvest guideline:
    1. The biomass of age one sardine and above. For 2000, this 
estimate is 1,182,465 metric tons (mt).
    2. The cutoff. This is the biomass level below which no commercial 
fishery is allowed. The FMP established this level at 150,000 mt.
    3. The portion of the sardine biomass that is in U.S. waters. For 
2000, this estimate is 87 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 150,000 mt that may be harvested. The fraction used varies (5-15 
percent) with current ocean temperatures. A higher fraction is used for 
warmer ocean temperatures, which favor the production of Pacific 
sardine, and a lower fraction is used for cooler temperatures. For 
2000, the fraction was 15 percent based on three seasons of sea surface 
temperature at Scripps Pier, California.
    Based on the estimated biomass of 1,182,465 mt and the formula in 
the FMP, a harvest guideline of 134,737 mt was calculated for the 
fishery beginning January 1, 2001. The harvest guideline is allocated 
one-third for Subarea A, which is north of 35 deg. 40' N. lat. (Pt. 
Piedras Blancas, CA) to the Canadian border, and two-thirds for Subarea 
B, which is south of 35 deg. 40' N. lat. to the Mexican border. Any 
unused resource in either area will be reallocated between areas to 
help ensure that the optimum yield will be achieved. The northern 
allocation is 44,912 mt; the southern allocation is 89,825 mt.

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 because

[[Page 81767]]

establishing the harvest guideline is an ministerial act, determined by 
applying formulas in the FMP. During the comment periods for Amendment 
8 to the CPS FMP and its proposed rule, the public was given an 
opportunity to comment on these formulas.
    Because this final 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 final rule for 30 days is unnecessary.
    Because prior notice and opportunity for public comment are not 
required for this action by 5 U.S.C. 553, or any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., are not applicable.

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

    Dated: December 20, 2000.
William T. Hogarth,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 00-33005 Filed 12-26-00; 8:45 am]
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