[Federal Register Volume 67, Number 227 (Monday, November 25, 2002)]
[Proposed Rules]
[Pages 70573-70574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29894]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 021112272-2272-01; I.D. 110202D]
RIN 0648-AP88


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 sardine in the U.S. exclusive economic zone off 
the Pacific coast for the fishing season January 1, 2003, through 
December 31, 2003. This harvest guideline has been calculated according 
to the regulations implementing the Coastal Pelagic Species (CPS) 
Fishery Management Plan (FMP) and establishes allowable harvest levels 
for Pacific sardine off the Pacific coast.

DATES: Comments must be received by December 10, 2002.

ADDRESSES: Send comments on the proposed rule to Rodney R. McInnis, 
Acting Administrator, Southwest Region, NMFS, 501 West Ocean Blvd., 
Suite 4200, Long Beach, CA 90802-4213. The report Stock Assessment of 
Pacific Sardine with Management Recommendations for 2003 may be 
obtained at this same address.

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 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. 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) Coastal Pelagic Species 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 are published by NMFS in the Federal Register as soon 
as practicable before the beginning of the appropriate fishing season. 
The Pacific sardine season begins on January 1 and ends on December 31 
of each year.
    The CPS Team, Subpanel, and SSC meetings as described above were 
held as in the past. The Team meeting took place at the Southwest 
Regional Office in Long Beach, CA, on October 8, 2002. A public meeting 
between the Team and the Subpanel was held at the same location that 
afternoon. The Council reviewed the report at its October-

[[Page 70574]]

November meeting in Foster City, CA, when it heard comments from its 
advisory bodies and the public.
    Based on a biomass estimate of 999,871 metric tons (mt), the 
harvest guideline for Pacific sardine for January 1, 2003, through 
December 31, 2003, is 110,908 mt. The biomass estimate is slightly 
lower than last year's estimate; however, this year's biomass is not 
statistically different from those estimates calculated in the past. 
Nevertheless, estimates from recent years suggest that the rapid growth 
of the biomass observed since 1983 is leveling off.
    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]' N. lat. to the Mexican border. Under this proposed rule, the 
northern allocation for 2003 would be 36,969 mt; the southern 
allocation would be 73,939 mt. In 2002, the northern allocation was 
39,481 mt and the southern allocation was 78,961 mt.
    Normally, an incidental landing allowance of sardine in landings of 
other CPS is set at the beginning of the fishing season. The incidental 
allowance would become effective if the harvest guideline is reached 
and the fishery closed. A landing allowance of sardine up to 45 percent 
by weight of any landing of CPS is authorized by the FMP. An incidental 
allowance prevents fishermen from being cited for a violation when 
sardine occur in schools of other CPS, and it minimizes bycatch of 
sardine if sardine are inadvertently caught while fishing for other 
CPS. Sardine landed with other species also requires sorting at the 
processing plant, which adds to processing costs. Mixed species in the 
same load may damage smaller fish. The Subpanel discussed this issue 
and noted that the fish off Oregon and Washington, both sardine and 
mackerel, are generally larger than the fish off southern California 
and markets differ in the two areas; therefore, deciding what the 
allowance should be for the entire fishery was difficult. The Subpanel 
did not agree on an appropriate allowance. Public comment is sought on 
this issue.
    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 2002. 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. Information on the fishery and the stock 
assessment are found in the report Stock Assessment of Pacific Sardine 
with Management Recommendations for 2003 (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 2003, this 
estimate is 999,871 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 
2003, 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 
2003, the fraction was 15 percent based on three seasons of sea surface 
temperature at Scripps Pier, California.
    Based on the estimated biomass of 999,871 mt and the formula in the 
FMP, a harvest guideline of 110,908 mt was determined for the fishery 
beginning January 1, 2003. The harvest guideline is allocated one-third 
for Subarea A, which is north of 35[deg]40' N. lat. (Pt. Piedras 
Blancas, California) to the Canadian border, and two-thirds for Subarea 
B, which is south of 35[deg]40' N. lat. to the Mexican border. The 
northern allocation is 36,969 mt; the southern allocation is 73,939 mt.

Classification

    These proposed specifications are issued under the authority of, 
and are in accordance with, the Magnuson-Stevens Fishery Conservation 
and Management Act, the FMP, and 50 CFR part 660 subpart I (the 
regulations implementing the FMP).
    This proposed rule has been determined to be not significant for 
purposes 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 harvest guideline is lower than those of recent years; 
however, the harvest guideline has not been achieved in recent 
years. From 1999 through 2001, landings were 60,000 mt, 72,000 mt, 
and 77,000 mt respectively. Landings are likely to reach 86,000 mt 
in 2002. Based on the landings estimate of approximately 86,000 mt 
for 2002 and the 2002 harvest guideline of 118,442, approximately 
32,000 mt is likely to remain unharvested by the end of 2002. 
Accordingly, vessels and processors will not be economically 
impacted because there is sufficient resource available to satisfy 
all available markets. Although markets have expanded for this 
resource, from 1999 through 2001, 17,000 mt, 50,000 mt, and 59,000 
mt has gone unharvested. Real ex-vessel revenue per ton has 
increased as well as total ex-vessel revenue, which suggests a 
growing diversity in markets.
    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: November 20, 2002.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 02-29894 Filed 11-22-02; 8:45 am]
BILLING CODE 3510-22-S