[Federal Register Volume 72, Number 206 (Thursday, October 25, 2007)]
[Rules and Regulations]
[Page 60586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-20927]



[[Page 60586]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 070607119-7119-01]
RIN 0648-AV11


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 (HG) for Pacific sardine in the U.S. exclusive economic zone 
(EEZ) off the Pacific coast (California, Oregon, and Washington) for 
the fishing season of January 1, 2007, through December 31, 2007. This 
HG 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:  Effective November 26, 2007 through December 31. 2007.

ADDRESSES:  Copies of the report Assessment of Pacific Sardine Stock 
for U.S. Management in 2007 may be obtained from the Southwest Regional 
Office 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 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. The HG for actively managed 
species (Pacific sardine and Pacific mackerel) is 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).
    During public meetings each year, the biomass for each actively 
managed species within the CPS FMP is presented to the Pacific Fishery 
Management Council's (Council) CPS Management Team (Team) and the 
Council's CPS Advisory Subpanel (Subpanel). At that time, the biomass, 
the HG, and the status of the fisheries are reviewed and discussed. 
This information is then presented to the Council along with 
recommendations and comments from the Team and Subpanel. Following 
review by the Council and after hearing public comments, the Council 
makes its recommendation to NMFS.
    Public meetings of the Team, Subpanel and CPS Subcommitee of the 
Scientific and Statistical Committee (SSC) were held in October 2006. 
During these meetings the current stock assessment update for Pacific 
sardine, which included a preliminary biomass estimate and HG, was 
presented and reviewed in accordance with the procedures of the FMP. In 
November, the Council held a public meeting in San Diego, California 
(71 FR 62998) during which time the Council reviewed the current stock 
assessment, biomass numbers and proposed HG. Following the Team and 
Subpanel reports and hearing public comments, the Council adopted the 
Team's recommended HG for the 2007 Pacific sardine fishing season 
(January 1, 2007 through December 31, 2007) of 152,564 metric tons 
(mt). Although this HG is 28 percent higher than the HG for 2006, it is 
over 50,000 mt greater than the largest recent harvest by U.S. west 
coast fisheries. The Council also adopted the Subpanel recommendation 
of an incidental catch allowance for Pacific sardine of up to 45 
percent by weight in other CPS fisheries in the event that the 
coastwide harvest of Pacific sardine exceeds a seasonal allocation 
prior to the next scheduled reallocation.
    The Pacific sardine HG is apportioned based on the following 
allocation scheme established by Amendment 11 (71 FR 36999) to the CPS 
FMP: 35 percent (53,397 mt) is allocated coastwide on January 1; 40 
percent (61,025 mt), plus any portion not harvested from the initial 
allocation is reallocated coastwide on July 1; and on September 15 the 
remaining 25 percent (38,141 mt), plus any portion not harvested from 
earlier allocations is released.
    If the total harvest guideline or these apportionment levels for 
Pacific sardine are reached at any time, the Pacific sardine fishery 
shall be closed until either it re-opens per the allocation scheme or 
the beginning of the next fishing season. The Regional Administrator 
shall publish in the Federal Register, through appropriate rulemaking 
procedures, the date of the closure of the directed fishery for Pacific 
sardine.

Classification

    The Administrator, Southwest Region, NMFS, determined that this 
final rule is necessary for the conservation and management of the CPS 
fishery and that it is consistent with the Magnuson-Stevens Fishery 
Conservation and Management Act and other applicable laws.
    This final rule is exempt from OMB 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 (72 FR 35419) and is not repeated here. No comments were 
received regarding this certification. As a result, a regulatory 
flexibility analysis was not required and none was prepared.

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

    Dated: October 18, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. E7-20927 Filed 10-24-07; 8:45 am]
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