[Federal Register Volume 71, Number 203 (Friday, October 20, 2006)]
[Proposed Rules]
[Pages 61944-61945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-17582]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket NO. 061003253-6253-01; I.D. 092606A]
RIN 0648-AU27


Fisheries Off West Coast States; Coastal Pelagic Species 
Fisheries; Annual Specifications

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: NMFS proposes a regulation to implement the annual harvest 
guideline for Pacific mackerel in the U.S. exclusive economic zone off 
the Pacific coast for the fishing season of July 1, 2006, through June 
30, 2007. 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 mackerel off the Pacific coast.

DATES: Comments must be received by November 20, 2006.

ADDRESSES: You may submit comments on this proposed rule, identified by 
[092606A] 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, Regional Administrator, Southwest 
Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802-
4213.
     Fax: (562) 980-4047.
    Copies of the report Pacific Mackerel (Scomber japonicus) Stock 
Assessment for U.S. Management in the 2006-2007 Fishing Year may be 
obtained from the Southwest Regional Office (see ADDRESSES).

FOR FURTHER INFORMATION CONTACT: Joshua B. Lindsay, Southwest Region, 
NMFS, (562) 980-4034.

SUPPLEMENTARY INFORMATION: The CPS 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) 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 the reports from the Team, Subpanel, and 
SSC, provides time for public comment, and then makes its 
recommendation to NMFS. The annual harvest guideline and season 
structure are then written and published by NMFS in the Federal 
Register. The Pacific mackerel season begins on July 1 and ends on June 
30 of each year.
    Public meetings of the Team and Subpanel, as well as a subcommittee 
of the SSC, were held at NMFS Southwest Fisheries Science Center 
(SWFSC), in La Jolla, CA on May 16, 17, and 18, 2006 (71 FR 25152). 
During these meetings the current stock assessment update for Pacific 
mackerel, which included a preliminary biomass estimate and harvest 
guideline, were reviewed in accordance with the procedures of the FMP. 
These meetings are designed to allow a review of the biomass and 
harvest guideline, and are required by the FMP.
    The Team supported the conclusions from the Pacific mackerel stock 
assessment and recommended to the Council at its June 2006 Council 
meeting that based on the total stock biomass estimate of 112,700 mt, 
the Council adopt a harvest guideline (HG) for the 2006/2007 management 
season (i.e., July 1, 2006, through June 30, 2007) of 19,845 mt. The 
Council adopted this HG, as well as the Subpanel's guideline on the 
management of the fishery by dividing the harvest guideline into a 
directed fishery with a guideline of 13,845 metric tons and set-aside 
of 6,000 metric tons to accommodate incidental landings of Pacific 
mackerel in other CPS fisheries. The set-aside is intended to prevent a 
reoccurrence of the 2000/ 2001 Pacific mackerel season where early 
attainment of the entire harvest guideline in the directed fishery 
curtailed the Pacific sardine fishery which incidentally lands 
mackerel.
    The proposed incidental fishery would be constrained to a 40-
percent

[[Page 61945]]

incidental catch rate when Pacific mackerel are landed with other CPS, 
except that up to one metric ton of Pacific mackerel can be landed 
without landing any other CPS. The Council recommended a review of the 
Pacific mackerel fishery at the March 2007 Council meeting with the 
understanding that NMFS will consider releasing some or all of the 
incidental fishery set-aside if a sufficient amount of the guideline 
remains available for harvest.
    Stock assessment modeling of Pacific mackerel was conducted using a 
forward-simulation, maximum likelihood-based Age-structured Assessment 
Program (referred to as ASAP). The final ASAP model was based on both 
fishery-dependent and fishery-independent data. The fishery-dependent 
data was collected from a single fishery (i.e., combined landings from 
California's commercial and recreational fisheries, and the fishery off 
Baja California, Mexico). Fishery-independent data used in the model 
consisted of relative abundance time series (indices) developed from 
three research surveys: an index ('proportion positive') of spawning 
abundance based on ichthyoplankton data collected through the ongoing 
California Cooperative Oceanic Fisheries Investigations (CalCOFI) 
survey; a standardized, catch per unit effort index from California-
based commercial passenger fishing vessel logbooks; and an index of 
total abundance from aerial spotter plane survey data. Parameterization 
of the ASAP (2006) baseline model was identical to the 2005 stock 
assessment. Based on this approach, the biomass for July 1, 2006, is 
112,700 metric tons (mt). Applying the formula from the FMP results in 
a harvest guideline of 19,845 mt.
    The formula in the FMP uses the following factors to determine the 
harvest guideline:
    1. The biomass of Pacific mackerel. For 2006, this estimate is 
112,700 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 94,500 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 
94,500 mt (66,150 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 (66,150 mt), which results in 19,845 
mt.
    Information on the fishery and the stock assessment are found in 
the report Pacific Mackerel (Scomber japonicus) Stock Assessment for 
U.S. Management in the 2006-2007 Fishing Season, which may be obtained 
at the address above (see ADDRESSES).

Classification

    These proposed specifications are issued under the authority of, 
and NMFS has preliminarily determined that it is in accordance with, 
the Magnuson-Stevens Fishery Conservation and Management Act, the FMP, 
and the regulations implementing the FMP.
    These specifications are authorized under 50 CFR 660.508 and exempt 
from review under 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 implement the 2006-2007 
harvest guideline for Pacific mackerel in the U.S. EEZ off the 
Pacific coast. The CPS FMP and its implementing regulations require 
NMFS to set an annual harvest guideline for Pacific mackerel fishery 
based on the formula in the FMP. The harvest guideline is derived by 
a formula applied to the current biomass estimate.
    The harvest guideline would apply to approximately 90 small 
fishing vessels coastwide that fish for Pacific mackerel within U.S. 
waters. This proposed rule has an equal effect on all of these small 
entities and therefore will impact a substantial number of these 
small entities in the same manner. 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. EEZ 
seasonally when they are available, usually late in the summer and 
early fall. These vessels are considered small business entities by 
the U.S. Small Business Administration since the vessels do not have 
annual receipts in excess of $3.5 million. Therefore, there would be 
no economic impacts resulting from disproportionality between small 
and large business entities under the proposed action.
    There is no limit on the amount of catch that any single vessel 
can take; the harvest guideline is available until fully utilized by 
the entire CPS fleet. The small entities that would be affected by 
the proposed action are the vessels that compose the West Coast CPS 
finfish fleet. The profitability of these vessels as a result of 
this proposed rule is based on the average Pacific mackerel ex-
vessel price per metric tons (mt). NMFS used average Pacific 
mackerel average ex-vessel price per mt to conduct a profitability 
analysis because it lacked cost data for the harvesting operations 
of CPS finfish vessels.
    For the July 1, 2005, through June 30, 2006, fishing year, the 
harvest guideline was set at 17,419 mt with an estimated ex-vessel 
value of $2.8 million. Approximately only 4,545 mt of this harvest 
guideline was harvested during the 2005/2006 fishing season valued 
at an estimated $732 thousand, reflecting the relatively poor market 
conditions for Pacific mackerel relative to other species of 
interest (e.g., Pacific sardine, market squid) and the lack of 
market orders.
    The 2006-2007 Pacific mackerel season begins on July 1, 2006, 
and ends on June 30, 2007, or when the harvest guideline is caught 
and the fishery is closed. The proposed harvest guideline for the 
2006-2007 fishing season is 19,845 mt, which is roughly 14% higher 
than the 17,419 mt harvest guideline for the prior year. If the 
fleet were to take the entire 2006-2007 harvest guideline, and 
assuming no change in the coastwide average ex-vessel price per mt 
of $129, the potential revenue to the fleet could be approximately 
$2.5 million. However, if there is no change in market conditions 
(i.e., a lack in demand for Pacific mackerel product), it is not 
likely that the full harvest guideline will be taken in the 2006-
2007 fishing year in which case profits may be lower than if the 
entire harvest guideline were to be landed. Additionally, the full 
harvest guideline may not be taken because of the lack of 
availability of the Pacific mackerel resource in the area of the 
fishery. The potential lack of availability of the resource to the 
fishing fleet could also cause a reduction in the amount of Pacific 
mackerel that is harvested, in turn, reducing the total revenue to 
the fleet. NMFS does not anticipate a drop in profitability based on 
this rule due to the fact that it allows fishermen to harvest more 
than last year. Based on the disproportionality and profitability 
analysis above, this rule if adopted, will not have a significant 
economic impact on a substantial number of these small entities. As 
a result, an Initial Regulatory Flexibility Analysis is not required 
and none has been prepared.

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

    Dated: October 13, 2006.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. E6-17582 Filed 10-19-06; 8:45 am]
BILLING CODE 3510-22-S