[Federal Register Volume 73, Number 223 (Tuesday, November 18, 2008)]
[Rules and Regulations]
[Pages 68362-68363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27224]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 0808051050-81421-02]
RIN 0648-XJ42


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 mackerel in the U.S. exclusive economic zone 
(EEZ) off the Pacific coast for the fishing season of July 1, 2008, 
through June 30, 2009. 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 mackerel off the Pacific coast. The HG for the 2008-2009 
fishing season is 40,000 metric tons (mt). If this total is reached, 
Pacific mackerel fishing will be closed to directed harvest and only 
incidental harvest will be allowed at a 45 percent by weight incidental 
catch rate when landed with other CPS, except that up to one mt of 
Pacific mackerel can be landed without landing any other CPS.

DATES: Effective December 18, 2008 through June 30, 2009.

ADDRESSES: Copies of the report Pacific Mackerel (Scomber japonicus) 
Stock Assessment for U.S. Management in the 2008-2009 Fishing Year 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. 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), the Council's Coastal Pelagic Species Advisory Subpanel 
(Subpanel) and the CPS Subcommitee of the Scientific and Statistical 
Committee (SSC). 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 comments, the Council 
makes its HG recommendation to NMFS.
    For the 2008-2009 Pacific mackerel management season an updated 
assessment for Pacific mackerel was

[[Page 68363]]

conducted and then reviewed by the SSC CPS Subcommittee, the Team and 
the Subpanel during a series of meetings May 13-15, 2008, in Long 
Beach, California. During these meetings the current stock assessment 
for Pacific mackerel, which included a preliminary biomass estimate and 
ABC, were presented and reviewed in accordance with the procedures of 
the FMP. Based on a total stock biomass estimate of 264,732 mt the 
harvest control rule in the CPS FMP produces an ABC of 51,772 mt for 
the 2008-2009 management season.
    In June, the Council held a public meeting in Foster City, 
California, during which time the Council reviewed the current stock 
assessment, biomass numbers and ABC as well as heard statements from 
the SSC, Team and Subpanel. The SSC endorsed the assessment as the best 
available science for use in management. Both the Team and Subpanel 
recommended setting the 2008-2009 HG below ABC and no higher than 
40,000 mt.
    Following the SSC, Team and Subpanel reports the Council adopted a 
HG of 40,000 mt for the 2008-2009 fishing year. This HG recommendation 
is the same as the one recommended and implemented by NMFS for the 
2007-2008 fishing season. Establishing a HG for the directed fishery 
substantially below the ABC was recommended in response to uncertainty 
associated with changes to assessment modeling parameters and the 
estimate made in the FMP that the domestic fishery appears to be market 
limited to roughly 40,000 mt. The Council also adopted the Subpanel 
recommendation that in the event that the 40,000 mt is attained by the 
fishery, that Pacific mackerel fishing be closed to directed harvest 
and only incidental harvest be allowed. The proposed incidental fishery 
would be constrained to a 45 percent by weight incidental catch rate 
when Pacific mackerel are landed with other CPS, except that up to one 
mt of Pacific mackerel could be landed per trip without landing any 
other CPS.
    The Council may schedule an in-season review of the Pacific 
mackerel fishery at the nearest appropriate Council meeting, towards a 
possible consideration of either releasing a portion of the incidental 
allotment to the directed fishery or further constraining incidental 
landings to ensure total harvest remains below the ABC.
    A proposed rule was published for this action that solicited public 
comments (73 FR 49156). No comments were received.
    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 2008-09 Fishing Season (see ADDRESSES).

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 Office of Management and Budget 
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 (73 FR 49156) 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: November 10, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator For Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. E8-27224 Filed 11-17-08; 8:45 am]
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