[Federal Register Volume 67, Number 133 (Thursday, July 11, 2002)]
[Proposed Rules]
[Pages 45952-45954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17463]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 020628163-2163-01; I.D. 061302B]
RIN 0648-AP43


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:  Proposed rule.

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

DATES:  Comments must be received by July 26, 2002.

ADDRESSES:  Send comments on the proposed rule to Rodney R. McInnis, 
Acting Administrator, Southwest Region, NMFS, 501 West Ocean Boulevard, 
Suite 4200, Long Beach, CA 90802. The report Stock Assessment of 
Pacific Mackerel with Recommendations for the 2002-2003 Management 
Season may be obtained at this same address.

[[Page 45953]]


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

SUPPLEMENTARY INFORMATION: The FMP, which was implemented by 
publication of the final rule in the Federal Register on December 15, 
1999 (64 FR 69888), divides management unit species into the categories 
of actively managed and monitored. Harvest guidelines of actively 
managed species (Pacific sardine and Pacific mackerel) are based on 
formulas applied to current biomass estimates. Biomass estimates are 
not calculated for species that are only monitored (jack mackerel, 
northern anchovy, and market squid).
    At a public meeting each year, the biomass for each actively
    managed species is reviewed by the Pacific Fishery Management 
Council's (Council) CPS Management Team (Team). The biomass, harvest 
guideline, and status of the fisheries are then reviewed at a public 
meeting of the Council's CPS Advisory Subpanel (Subpanel). This 
information is also reviewed by the Council's Scientific and 
Statistical Committee (SSC). The Council reviews reports from the Team, 
Subpanel, and SSC, and then, after providing time for public comment, 
makes its recommendation to NMFS. The annual harvest guideline and 
season structure is published by NMFS in the Federal Register as soon 
as practicable before the beginning of the appropriate fishing season. 
The Pacific mackerel season begins on July 1 of each year and ends on 
June 30 the following year.
    The FMP relies on a framework procedure that includes public 
comment to announce the harvest guideline each year without publication 
of a proposed rule. However, to ensure compliance with the 
Administrative Procedure Act, a proposed rule is being published. Team, 
Subpanel, and SSC meetings as described above were held as in the past. 
The Team meeting took place at the Southwest Fisheries Science Center 
in La Jolla, California, on May 29, 2002 (67 FR 34434, May 14, 2002). 
The SSC and Subpanel meetings took place in conjunction with the June 
17-21, 2002, Council meeting in Foster City, California.
    A modified virtual population analysis stock assessment model is 
used to estimate the biomass of Pacific mackerel. The model employs 
both fishery dependent and fishery independent indices to estimate 
abundance. The biomass was calculated through the end of 2001, and then 
estimated for the fishing season that begins July 1, 2002, based on (1) 
the number of Pacific mackerel estimated to comprise each year class at 
the beginning of 2002, (2) modeled estimates of fishing mortality 
during 2001, (3) assumptions for natural and fishing mortality through 
the first half of 2002, and (4) estimates of age-specific growth. Based 
on this approach, the biomass for July 1, 2002, would be 77,516 metric 
tons (mt). Applying the formula in the FMP would result in a harvest 
guideline of 12,456 mt, which is lower than last year but similar to 
low harvest guidelines of recent years.
    The formula in the FMP uses the following factors to
    determine the harvest guideline:
    1. The biomass of Pacific mackerel. For 2002, this estimate is 
77,516 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. 
The cutoff is subtracted from the biomass, leaving 59,316 mt.
    3. The portion of the Pacific mackerel biomass that is in U.S. 
waters. This estimate is 70 percent, based on the historical average of 
larval distribution obtained from scientific cruises and the 
distribution of the resource obtained from logbooks of fish-spotters. 
Therefore, the harvestable biomass in U.S. waters is 70 percent of 
59,316 mt, that is, 41,521 mt.
    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. The harvest fraction is multiplied by the 
harvestable biomass in U.S. waters (41,521 mt), which is 12,456 mt.
    Information on the fishery and the stock assessment are found in 
the report Stock Assessment of Pacific Mackerel with Recommendations 
for the 2002-2003 Management Season, which may be obtained at the 
address above (see ADDRESSES).
    Following recommendations of the fishing industry and Subpanel for 
the 2001/2002 fishing season, a directed fishery for Pacific mackerel 
of 6,000 mt was set beginning July 1, 2001, followed by an incidental 
allowance of 45 percent of Pacific mackerel in landings of any CPS. A 
1-mt landing of mackerel per trip was also allowed if no other species 
were landed during a trip. A significant amount of the harvest 
guideline remained unused toward the end of the fishing season; 
therefore, the directed fishery was reopened on April 1, 2002 (67 FR 
16322, April 5, 2002). NMFS implemented this approach last season in 
response to concerns about how a low harvest guideline for mackerel 
might interfere with the sardine fishery. Pacific mackerel is often 
caught with sardine; therefore, mackerel might have to be discarded, 
which would increase bycatch. Public comments are requested on how the 
fishery might be conducted for the 2002/2003 fishing season to achieve 
but not exceed the harvest guideline while minimizing impacts on the 
harvest of other CPS.
    In view of the above, the following determinations have been made 
for the July 1, 2002, through June 30, 2003, fishing season. Public 
comment is sought on these determinations.
    Based on the estimated biomass of 77,516 mt and the formula in the 
FMP, a harvest guideline of 12,456 would be calculated and would be in 
effect for the fishery beginning on July 1, 2002. This harvest 
guideline would be available for harvest for the fishing season 
beginning at 12:01 a.m. on July 1, 2002, and continue through June 30, 
2003, unless the harvest guideline is attained and the fishery closed 
before June 30.

Classification

    These proposed specifications are issued under the authority of, 
and NMFS has preliminarily determined that they are in accordance with, 
the Magnuson-Stevens Fishery Conservation and Management Act, the FMP, 
and the regulations implementing the FMP at 50 CFR part 660, subpart I.
    This proposed rule has been determined to be not significant for 
purpose of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small 
entities as follows:
    The low harvest guideline for Pacific mackerel is not expected 
to have significant effect on the fleet because mackerel has not 
been a significant source of revenue for the fleet. The CPS fleet 
targets a variety of species depending on environmental and market 
conditions and can easily compensate for a low mackerel harvest.
    Northern anchovy, Pacific sardine, Pacific mackerel, jack 
mackerel (finfish), and market squid are the target species of the 
fleet. Jack mackerel, northern anchovy, and market squid are 
monitored species under the FMP. However, the market squid fishery 
is actively managed by the State of California. Squid contributes a 
substantial portion of the total revenue to the CPS fleet in most 
years.
    An average of 273 vessels landed CPS off the Pacific coast from 
1996 through 2000. Only 65 of these vessels are authorized to fish 
in the limited entry fishery for finfish south of 39 deg. N. lat. In 
the limited entry area, vessels without limited entry permits may 
land up to 5 metric tons per trip of finfish until the directed 
fishery is closed. An open access fishery exists north of 39 deg. N. 
lat., which includes Oregon, Washington, and a

[[Page 45954]]

portion of California north of San Francisco. All vessels are 
considered small businesses. The species harvested can exhibit wide 
variability in abundance from year to year; therefore, when one 
species is unavailable, revenue is typically derived from other CPS.
    From 1996 through 2000, 25.2 percent of total ex-vessel revenue 
was derived from finfish, and 6.8 percent of that revenue resulted 
from landings of Pacific mackerel. On average, approximately 15 
percent of the 273 vessels (41 vessels) depend on CPS finfish, that 
is, finfish accounts for the greatest share of a vessel's total ex-
vessel revenue. There also are an average of 19 processors and 
buyers in California, Oregon, and Washington whose annual purchases 
of CPS finfish represent the largest share of their total annual 
expenditures.
    Average revenue of the fleet for 1996 through 2000 was $31.4 
million. Squid comprised almost 75 percent of that revenue, but 
during an El Nino event squid availability drops precipitously. In 
1998, total revenue totaled only $8.3 million because of a low squid 
harvest. In that year, mackerel made up 30.8 percent of revenue.
    There are indications of an approaching El Nino. If an El Nino 
occurs, there will be a significant drop in ex-vessel revenue in 
2003 due to the unavailability of squid. Nevertheless, the FMP 
requires setting the Pacific mackerel harvest guideline based on the 
current biomass estimate to ensure protection of the resource and to 
ensure a fishery in subsequent years. There are ameliorating factors 
that currently exist that would reduce the impact that occurred in 
the 1998 fishery. Sardine landings increased from 32,553 mt in 1996 
to 67,888 mt in 2000, the result of an increasing biomass and the 
development of new markets. Domestic harvest of sardine in 2001 was 
78,583 mt with an ex-vessel revenue of more than $9 million. Similar 
levels are expected in 2002. Revenue from northern anchovy was only 
$245,000 in 1998, while revenue in 2001 was $1.4 million. In 2001, 
due to increased sardine and anchovy harvest, Pacific mackerel 
comprised less than 4 percent of ex-vessel revenue. If a low squid 
harvest occurs in 2003 resulting from an El Nino event, the most 
likely result is that Pacific mackerel will make up approximately 9 
percent of ex-vessel revenue.
    Hence, implementation of these specifications would not have a 
significant economic impact on a substantial number of small entities. 
As a result, no regulatory flexibility analysis for this rule has been 
prepared.

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

    Dated: July 5, 2002.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs,National Marine 
Fisheries Service.
[FR Doc. 02-17463 Filed 7-10-02; 8:45 am]
BILLING CODE 3510-22-S