[Federal Register Volume 69, Number 138 (Tuesday, July 20, 2004)]
[Proposed Rules]
[Pages 43383-43385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16471]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 040706201-4201-01; I.D. 060204F]
RIN 0648-AR97


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; request for comments.

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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. This action proposes allowable harvest levels for Pacific 
mackerel off the Pacific coast.

DATES: Comments must be received by August 4, 2004.

ADDRESSES: Copies of the report Stock Assessment of Pacific Mackerel 
with Recommendations for the 2004-2005 Management Season, and the 
Regulatory Impact Review may be obtained from the Southwest Regional 
Office (see ADDRESSES).
    You may submit comments on this proposed rule, identified by [I.D. 
060204F] by any of the following methods:
     E-mail: [email protected]. Include the I.D. number in 
the subject line of the message.
     Federal e-Rulemaking portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Rodney R. McInnis, Acting Regional Administrator, 
Southwest Region, NMFS, 501 West Ocean Boulevard, Suite 4200, Long 
Beach, CA 90802.
     Fax: (562) 980-4047.

FOR FURTHER INFORMATION CONTACT: Tonya L. Ramsey, 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, 
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

[[Page 43384]]

appropriate fishing season. The Pacific mackerel season begins on July 
1 of each year and ends on June 30 the following year.
    The Team and Subpanel meetings took place at the Long Beach, CA, 
office of the NMFS, Southwest Region, on May 18th and 19th, 2004. The 
SSC meeting took place in conjunction with the June 13-18, 2004, 
Council meeting in Foster City, CA.
    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 2003, then 
estimated for the fishing season that began July 1, 2004, based on: (1) 
the number of Pacific mackerel estimated to comprise each year class at 
the beginning of 2004, (2) modeled estimates of fishing mortality 
during 2003, (3) assumptions for natural and fishing mortality through 
the first half of 2004, and (4) estimates of age-specific growth. Based 
on this approach the biomass for July 1, 2004, would be 81,383 metric 
tons (mt). Applying the formula in the FMP would result in a harvest 
guideline of 13,268 mt, which is higher 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 2004, this estimate is 
81,383 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 63,183 
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 
63,183 mt, that is, 44,228 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 (44,228 mt), which results in 13,268 
mt.
    Information on the fishery and the stock assessment are found in 
the report Stock Assessment of Pacific Mackerel with Recommendations 
for the 2004-2005 Management Season, which may be obtained from the 
Southwest Regional Office.
    Following recommendations of the fishing industry and Subpanel for 
the 2003-2004 fishing season, a directed fishery for Pacific mackerel 
of 7,500 mt was set beginning July 1, 2003, followed by an incidental 
allowance of 40 percent of Pacific mackerel in landings of any CPS, if 
the 7,500 mt was harvested. A 1 mt landing of Pacific mackerel per trip 
would have been allowed if no other species were landed during a trip. 
NMFS implemented a directed and incidental fishery 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. As of May 10, 2004, approximately 5,616 
mt of Pacific mackerel had been landed; therefore, an incidental 
fishery was not necessary.
    At its meeting on May 19, 2004, the Subpanel recommended for the 
2004-2005 fishing season that a directed fishery of 9,100 mt and an 
incidental fishery of 4,168 mt be implemented. An incidental allowance 
of 40 percent of Pacific mackerel in landings of any CPS would become 
effective when 9,100 mt of Pacific mackerel is estimated to be 
harvested. The Subpanel also recommended to allow 1 mt of mackerel to 
be landed per trip during the incidental fishery without landing any 
other CPS. The Subpanel recommended that an inseason review of the 
mackerel season be completed for the March 2005 Council meeting, with 
the possibility of reopening the directed fishery June 1, 2005, if 
sufficient fish remain. At that time the NMFS Southwest Regional 
Administrator will review the fishery to assess whether there is a 
sufficient amount of the unharvested portion of the harvest guideline 
(i.e., anything in excess of the amount needed to support incidental 
harvest) to warrant a reopening of the directed fishery.

Classification

    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 purpose of the proposed rule is to inform the public of the 
2004-2005 harvest guideline for Pacific mackerel in the exclusive 
EEZ off the Pacific coast. The CPS FMP and its implementing 
regulations require NMFS to set an annual harvest guideline for 
Pacific mackerel based on the formula in the FMP. The harvest 
guideline is derived by a formula applied to the current biomass 
estimate. The formula leaves little latitude for discretion except 
when errors are found in the calculations or in the data. There is 
no alternative to the harvest guideline as specified; there is no 
discretion to use an adjusted formula. Further, there is only one 
stock assessment method available to establish the adult biomass 
used to derive the harvest guideline. No changes are proposed in the 
regulations governing the fishery.
    The harvest guideline would apply to the CPS purse seine fleet, 
which consists of 62 small vessels fishing within U.S. waters. These 
vessels fish for small pelagic fish (Pacific sardine, Pacific 
mackerel) all year and for market squid in the winter, and may 
harvest tuna in the U.S. exclusive economic zone seasonally when 
they are available, usually late in the summer and early fall. These 
vessels are considered small business entities. There should not be 
any significant economic impact to a substantial number of these 
small entities.
    The Pacific mackerel season began on July 1, 2004, and ends on 
June 30, 2005, or when the harvest guideline is achieved and the 
fishery is closed. The proposed harvest guideline for 2004-2005 is 
13,268 mt. Of that, the directed fishery is initially allocated 
9,100 mt, allowing up to 4,168 mt for incidental catches in mixed 
species fisheries for the rest of the year. This is intended to 
prevent premature closure of the fishery targeting other CPS species 
such as Pacific sardine. The 2004-2005 harvest guideline is higher 
than the 2003-2004 (10,652 mt) fishing year which could result in 
increased revenue to the fleet. If the fleet were to take the full 
harvest guideline, the total revenue to the fleet would be $1.54 
million for the 2003-2004 fishing season and $1.92 million for the 
2004-2005 fishing season. Thus the proposed harvest guideline could 
potentially increase the revenue for the 2004-2005 fishing season 
assuming there is no change in average ex-vessel price from the 
current level under existing market conditions. However, even though 
the harvest guideline is increasing, the actual landings for the 
2004-2005 fishing season are expected to be approximately the same 
as in the 2003-2004 fishing season, around 6,000 mt. The harvest of 
Pacific mackerel is dependent on fishing conditions related to 
weather and the schooling of fish related to ocean conditions (which 
affects the ability of the fishermen to find them). Assuming a 
harvest approximately the same as in the 2003-2004 fishing season, 
the only way in which small businesses could be adversely affected 
is if relevant market conditions, such as the need for feed for 
aquaculture, were to change. No such changes are expected. Since 
both fishing conditions and market conditions are expected to remain 
stable, there will not be any change in effect on small businesses.
    As a result, a regulatory flexibility analysis is not required and 
none has been prepared.

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


[[Page 43385]]


    Dated: July 14, 2004.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 04-16471 Filed 7-19-04; 8:45 am]
BILLING CODE 3510-22-S