[Federal Register Volume 73, Number 72 (Monday, April 14, 2008)]
[Proposed Rules]
[Pages 20015-20017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-7899]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No.080326475-8477-01]
RIN 0648-XG22


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 (HG) for Pacific sardine in the U.S. exclusive economic zone 
(EEZ) off the Pacific coast for the fishing season of January 1, 2008, 
through December 31, 2008. This HG has been determined 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 May 14, 2008.

ADDRESSES: You may submit comments on this proposed rule identified by 
0648-XG22 by any of the following methods: Electronic 
Submissions: Submit all electronic public comments via the Federal 
eRulemaking Portal http://www.regulations.gov
     Mail: Rodney R. McInnis, Regional Administrator, Southwest 
Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach,
    CA 90802.
     Fax: (562)980-4047
    Instructions: All comments received are a part of the public record 
and will generally be posted to http://www.regulations.gov without 
change. All Personal Identifying Information (for example, name, 
address, etc.) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit Confidential Business Information or 
otherwise sensitive or protected information.
    NMFS will accept anonymous comments. Attachments to electronic 
comments will be accepted in Microsoft Word, Excel, WordPerfect, or 
Adobe PDF file formats only.
    Copies of the report ``Assessment of Pacific Sardine Stock for U.S. 
Management in 2008'' may be obtained from the Southwest Regional Office 
(see the Mailing address above).

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. 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).
    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) Coastal Pelagic Species Management Team 
(Team) and the Council's Coastal Pelagic Species Advisory Subpanel 
(Subpanel). At that time, the biomass, the acceptable biological catch 
(ABC) and the status of the fisheries are reviewed and discussed. This 
information is then presented to the Council along with HG 
recommendations and comments from the Team and Subpanel. Following 
review by the Council and after hearing public comment, the Council 
makes its HG recommendation to NMFS. The annual HG is published in the 
Federal Register as close as practicable to the start of the fishing 
season.
    For actively managed CPS stocks, full assessments and the 
accompanying Stock Assessment Review (STAR) process typically occur 
every third year and were last completed in 2004. Therefore, for this 
2007 cycle, a full assessment for Pacific sardine was conducted and 
reviewed by a STAR Panel in La Jolla, California, September 18-21, 
2007. This assessment produced an estimated biomass of 832,706 mt. 
Applying this biomass number to the harvest control rule in the FMP 
produces an acceptable biological catch (ABC) for the 2008 fishery of 
89,093 metric tons (mt).
    In November, the Council held a public meeting in San Diego, 
California (72 FR 59256) during which time the Team, Subpanel, CPS 
Subcommitee of the Scientific and Statistical Committee (SSC) and the 
Council reviewed the current stock assessment, biomass numbers and ABC. 
Following their review of the assessment, associated biomass and ABC 
and after hearing reports by the SSC, Team and Subpanel the Council 
adopted an ABC or HG of 89,093 mt for the 2008 fishing year. This ABC 
is 42 percent less than the ABC/HG adopted by the Council for the 2007 
fishing season.
    The Pacific sardine HG is apportioned based on the following 
allocation scheme established by Amendment 11 (71 FR 36999, June 29, 
2006) to the CPS FMP: 35 percent is allocated coastwide on January 1; 
40 percent, plus any portion not harvested from the initial allocation 
is reallocated coastwide on July 1; and on September 15 the remaining 
25 percent, plus any portion not harvested from earlier allocations is 
released. If the total HG or these apportionment levels for Pacific 
sardine are reached at any time, the Pacific sardine fishery will be 
closed via appropriate rulemaking until it re-opens either per the 
allocation scheme or the beginning of the next fishing season. The 
Regional Administrator shall publish a notice in the Federal Register 
the date of the closure of the directed fishery for Pacific sardine.
    Based on recommendations by the Team, and the potential that 
seasonal allocation totals may be attained during the 2008 fishing year 
due to the decrease in the HG, the Council also adopted a set aside of 
8,909 mt (10 percent of the ABC). Implementation of the set aside would 
establish a directed harvest fishery of 80,184 mt and an incidental 
fishery of 8,909 mt. This incidental fishery would allow for incidental 
landings of Pacific sardine in other fisheries and prevent the closure 
of such fisheries, particularly other CPS fisheries, if a seasonal 
directed fishery

[[Page 20016]]

total is reached and directed fishing is closed. In turn the set aside 
would also help to ensure the fishery does not exceed the ABC.
    The proposed set aside is based on recent annual incidental sardine 
landing rates in other fisheries during each of the seasonal allocation 
periods. The set-aside would initially be allocated across these 
periods in the following way: January 1-June 30, 26,550 mt is to be 
allocated for directed harvest with an incidental set aside of 4,633 
mt; July 1-September 14, 34,568 mt is allocated for directed harvest 
with an incidental set aside of 1,069 mt; September 15-December 31, 
19,066 mt is allocated for directed harvest with an incidental set 
aside of 3,207 mt.
    If during any of the seasonal allocation periods the applicable 
adjusted directed harvest allocation is projected to be taken, only 
incidental harvest will be allowed and, for the remainder of the 
period, any incidental Pacific sardine landings will be counted against 
that period's incidental set aside. The proposed incidental fishery 
will also be constrained to a 20 percent by weight incidental catch 
rate when Pacific sardine are landed with other CPS to minimize 
targeting of Pacific sardine and to maximize landings of harvestable 
stocks. In the event that an incidental set aside is projected to be 
attained, all fisheries will be closed to the retention of Pacific 
sardine for the remainder of the period via appropriate rulemaking. If 
the set aside is not fully attained or is exceeded in a given seasonal 
period, the directed harvest allocation in the following seasonal 
period will be automatically adjusted to account for the discrepancy.
    The size of the sardine population was estimated using the Stock 
Synthesis 2 (SS2) model platform. Use of the SS2 model was recommended 
by the CPS STAR Panel held in September 2007, in La Jolla, California. 
The SS2 model platform replaces the Age-structured Assessment Program 
(ASAP) that has been used the previous three years. The STAR Panel 
concluded that the ASAP model had a number of difficulties that SS2 was 
able overcome, including: 1) allowance for some sardine to spawn at 
age-0, 2) differences in timing of the fisheries throughout the range, 
3) estimation of initial conditions, 4) variability in weight-at-age 
among fisheries and between the fishery and population, and 5) log-
normal bias correction for the stock-recruitment relationship. Detailed 
information on the fishery and the stock assessment are found in the 
report ``Assessment of Pacific Sardine Stock for U.S. Management in 
2008'' (see ADDRESSES).
    The formula in the CPS FMP uses the following factors to
    determine the HG:
    1. Biomass. The estimated stock biomass of Pacific sardine age one 
and above for the 2008 management season is 832,706 mt.
    2. Cutoff. This is the biomass level below which no commercial 
fishery is allowed. The FMP established this level at 150,000 mt.
    3. Distribution. The portion of the Pacific sardine biomass 
estimated in the EEZ off the Pacific coast is 87 percent and is based 
on the average historical larval distribution obtained from scientific 
cruises and the distribution of the resource according to the logbooks 
of aerial fish-spotters.
     4. Fraction. The harvest fraction 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 for warmer 
ocean temperatures and a lower fraction for cooler temperatures. Warmer 
ocean temperatures favor the production of Pacific sardine. For 2008, 
the fraction used was 15 percent, based on three seasons of sea surface 
temperature at Scripps Pier, California.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this proposed rule is 
consistent with the CPS FMP, other provisions of the Magnuson-Stevens 
Act, and other applicable law, subject to further consideration after 
public comment.
    These proposed specifications are 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 this proposed rule is to implement the 2008 HG 
for Pacific sardine in the U.S. EEZ off the Pacific coast. The CPS 
FMP and its implementing regulations require NMFS to set an annual 
HG for the Pacific sardine fishery based on the harvest formula in 
the FMP. The harvest formula is applied to the current stock biomass 
estimate to determine the ABC, from which the HG is then derived. 
The HG is determined using an environmentally-based formula 
accounting for the effect of ocean conditions on stock productivity.
    The HG is apportioned based on the following allocation scheme: 
35 percent of the HG is allocated coastwide on January 1; 40 percent 
of the HG, plus any portion not harvested from the initial 
allocation is then reallocated coastwide on July 1; and on September 
15 the remaining 25 percent, plus any portion not harvested from 
earlier allocations will be released. If the total HG or these 
apportionment levels for Pacific sardine are reached at any time, 
the Pacific sardine fishery is closed until either it re-opens per 
the allocation scheme or the beginning of the next fishing season. 
There is no limit on the amount of catch that any single vessel can 
take during an allocation period or the year; the HG and seasonal 
allocations are 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 finish fleet. 
Approximately 107 vessels are permitted to operate in the sardine 
fishery component of the CPS fishery off the U.S. West Coast; 63 
permits in the Federal CPS limited entry fishery off California 
(south of 39 N. lat.), and a combined 44 permits in Oregon and 
Washington's state Pacific sardine fisheries. 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 are considered small business entities by the 
U.S. Small Business Administration since the vessels do not have 
annual receipts in excess of $4.0 million. Therefore, there would be 
no economic impacts resulting from disproportionality between small 
and large business entities under the proposed action.
    The profitability of these vessels as a result of this proposed 
rule is based on the average Pacific sardine ex-vessel price per mt. 
NMFS used average Pacific sardine ex-vessel price per mt to conduct 
a profitability analysis because cost data for the harvesting 
operations of CPS finfish vessels was unavailable.
    For the 2007 fishing year, the HG was set at 152,564 mt with an 
estimated ex-vessel value of $18 million. Around 136,000 mt (89,000 
in California and 47,000 in Oregon and Washington) of this HG was 
actually harvested during the 2007 fishing season valued at an 
estimated $14 million. The proposed HG for the 2008 Pacific sardine 
fishing season (January 1, 2008 through December 31, 2008) is 89,093 
metric tons (mt). If the fleet were to take the entire 2008 HG, and 
assuming a coastwide average ex-vessel price per mt of $110, the 
potential revenue to the fleet would be approximately $10 million.
    Although the HG for 2008 is 42 percent lower than the HG for 
2007, a drop in profitability is not expected because the 2008 HG 
approximates the average catch from 2001-2006 of 85,000 mt. The 
sardine harvest depends greatly on market forces within the fishery, 
as well as the other CPS fisheries, and on the regional availability 
of the resource to the fleets and the fleets' ability to find pure 
schools of Pacific sardine. A change in the market and/or the 
potential lack of availability of the resource to the fleets could 
cause a reduction in the amount of Pacific sardine that is 
harvested, in turn, reducing the total revenue to the fleet from 
Pacific sardine. The 2007 harvest was

[[Page 20017]]

anomalously large, approximately 50,000 mt more than the 2001-2006 
average. From 2001 through 2006, the average landings coastwide were 
approximately 85,000 mt with annual revenues during that time at 
approximately $10 million. Therefore at current ex-vessel price per 
mt, the harvest guideline for 2008 should provide revenue similar to 
revenues earned from 2001 through 2006.
    In addition, the revenue derived from harvesting Pacific sardine 
is only one factor determining the overall revenue of the CPS fleet 
and therefore the economic impact to the fleet from the proposed 
action cannot be viewed in isolation. CPS finfish vessels typically 
harvest a number of other species, including anchovy, mackerel, 
squid, and tuna, making Pacific sardine only one component of a 
multi-species CPS fishery. Any lower revenue from the harvest of 
Pacific sardine may be offset, in part, by harvest of these other 
species.
    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: April 9, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator For Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. E8-7899 Filed 4-11-08; 8:45 am]
BILLING CODE 3510-22-S