[Federal Register Volume 72, Number 20 (Wednesday, January 31, 2007)]
[Rules and Regulations]
[Pages 4461-4462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-1546]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 061003253-7008-02; 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: Final rule.

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SUMMARY: NMFS issues this final rule to implement the annual harvest 
guideline for Pacific mackerel in the U.S. exclusive economic zone off 
the Pacific

[[Page 4462]]

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: Effective March 2, 2007.

ADDRESSES: Copies of the report Pacific Mackerel (Scomber japonicus) 
Stock Assessment for U.S. Management in the 2006-2007 Fishing Year may 
be obtained by contacting Rodney R. McInnis, Regional Administrator, 
Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, 
CA 90802-4213.

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

SUPPLEMENTARY INFORMATION: The CPS 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 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 opportunity 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 (April 28, 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 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 metric tons (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, or 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.
    The Team supported the conclusions from the Pacific mackerel stock 
assessment and recommended to the Council at its June 2006 Council 
meeting that 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 
recommendation on the management of the fishery by dividing the harvest 
guideline into a directed fishery with a guideline of 13,845 mt and 
set-aside of 6,000 mt 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 incidental fishery would be constrained to a 40-percent 
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.
    Based on the estimated biomass of 112,700 mt and the formula in the 
FMP, a harvest guideline of 19,845 mt will be in effect for the fishery 
which began on July 1, 2006. This harvest guideline applies to Pacific 
mackerel harvested in the U.S. EEZ off the Pacific coast from 12:01 
a.m. on July 1, 2006, through 11:59 pm on June 30, 2007, unless the 
harvest guideline is attained and the fishery is closed before June 30, 
2007. All landings made after July 1, 2006, will be counted toward the 
2006-2007 harvest guideline of 19,845 mt. There shall be a directed 
fishery of 13,845 mt, followed by an incidental fishery of 6,000 mt. An 
incidental allowance of 40 percent of Pacific mackerel in landings of 
any CPS will become effective after the date when 13,845 mt of Pacific 
mackerel is estimated to have been harvested. A landing of 1 mt of 
Pacific mackerel per trip will be permitted during the incidental 
fishery for trips in which no other CPS is landed.

Classification

    This final rule is 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 during the proposed rule stage that 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 (October 20,2006; 71 FR 61944) and is not repeated here.
    No comments were received regarding this certification or the 
economic impact of this rule. As a result, a regulatory flexibility 
analysis was not required and none was prepared.

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

    Dated: January 26, 2007.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. E7-1546 Filed 1-30-07; 8:45 am]
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