[Federal Register Volume 67, Number 192 (Thursday, October 3, 2002)]
[Rules and Regulations]
[Pages 61994-61995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25170]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 020628163-2221-02; 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: Final rule.

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SUMMARY: NMFS issues a regulation to implement the annual harvest 
guideline for Pacific mackerel in the U.S. exclusive economic zone 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 conserve Pacific 
mackerel off the Pacific coast.

DATES: Effective November 4, 2002, until the 2003 annual specifications 
are effective, unless modified, superseded, or rescinded through a 
publication in the Federal Register.

ADDRESSES: The report Stock Assessment of Pacific Mackerel with 
Recommendations for the 2002-2003 Management Season may be obtained 
from Rodney R. McInnis, Acting Administrator, Southwest Region, NMFS, 
501 West Ocean Boulevard, Suite 4200, Long Beach, CA 90802.

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

SUPPLEMENTARY INFORMATION: The FMP, which was implemented by 
publication of a 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.
    A public meeting of the Team took place at the Southwest Fisheries 
Science Center in La Jolla, California, on May 29, 2002 (67 FR 34434, 
May 14, 2002), where the biomass estimate and harvest guideline were 
reviewed. Based on the Team's review, a proposed rule was published on 
July 11, 2002 (67 FR 45952), soliciting public comment on a harvest 
guideline of 12,456 metric tons (mt) based on a biomass estimate of 
77,516 mt. Public comment was also requested on how the season might be 
structured to minimize the impact of a low mackerel harvest on the 
harvest of other CPS. The public comment period ended on July 26, 2002. 
No comments were received.
    The SSC and Subpanel meetings occurred in conjunction with the June 
17-21, 2002, Council meeting in Foster City, California. During the 
Subpanel meeting, the Team calculated a revised biomass estimate by 
updating estimates of fishing mortality obtained since the Team meeting 
on May 29, 2002. A revised biomass of 77,892 mt and a revised harvest 
guideline of 12,535 mt was presented to the Subpanel.
    The Subpanel reviewed the experience of the fishing industry during 
the 2001/2002 fishing season to develop a strategy for the 2002/2003 
fishing season. With the goal of minimizing bycatch, which would likely 
occur if the Pacific mackerel season were closed and mackerel were 
mixed in schools of Pacific sardine, the Subpanel recommended a 
directed fishery of 9,500 mt, with 3,035 mt held in reserve. This would 
allow for an incidental harvest of mackerel in the sardine fishery. 
When 9,500 mt was landed, 40 percent by weight of Pacific mackerel 
could be landed in loads of any CPS until the reserve of 3,035 mt was 
attained.
    At its meeting on June 21, 2002, the Council received reports from 
its Team, SSC, and Subpanel. Following public

[[Page 61995]]

comments, which supported the Subpanel's recommendation, the Council 
recommended to NMFS that there be a harvest guideline of 12,535 mt, 
based on the biomass of 77,892 mt. The Council also recommended that 
the season be structured as recommended by the Subpanel. Any harvest of 
Pacific mackerel after July 1, 2002, would be allocated toward the 
2002/2003 harvest guideline.
    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 began on 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, 
is 77,892 metric tons (mt). Applying the formula in the FMP results in 
a harvest guideline of 12,535 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 todetermine the 
harvest guideline:
    1. The biomass of Pacific mackerel. For 2002, this estimate is 
77,892 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 59,692 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 
59,692 mt, that is, 41,784 mt.
    4. The harvest fraction. This is the percentage of thebiomass 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 (41,784 mt), which is 12,535 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).
    In view of the above, the following determinations have been made:
    1. Based on the estimated biomass of 77,892 mt and the formula in 
the FMP, a harvest guideline of 12,535 mt has been calculated and will 
be in effect for the fishery which began on July 1, 2002. This harvest 
guideline is available for harvest for the fishing season that began at 
12:01 a.m. on July 1, 2002, and continues through June 30, 2003.
    2. There will be a directed fishery of at least 9,500 mt, and 3,035 
mt of the harvest guideline will be utilized for incidental landings 
following the closure of the directed fishery.
    NMFS will announce in the Federal Register closure of the directed 
fishery, after which no more than 40 percent by weight of a landing of 
Pacific sardine, northern anchovy, jack mackerel, or market squid may 
consist of Pacific mackerel, except that up to 1 mt of Pacific mackerel 
may be landed without landing any other coastal pelagic species. The 
fishery will be monitored, and if a sufficient amount of the harvest 
guideline remains before June 30, 2003, the directed fishery will be 
reopened. The goal is to achieve the harvest guideline and minimize the 
impact on other coastal pelagic fisheries.

Classification

    These final specifications are issued under the authority of, and 
NMFS has 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 final 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 the proposed rule for this action would not have a 
significant economic impact on a substantial number of small entities. 
The factual basis for the certification was published in the proposed 
rule. No comments were received regarding the economic impacts of this 
action. As a result, no regulatory flexibility analysis was prepared.

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

    Dated: September 30, 2002
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service
[FR Doc. 02-25170 Filed 10-2-02; 8:45 am]
BILLING CODE 3510-22-S