[Federal Register Volume 76, Number 13 (Thursday, January 20, 2011)]
[Rules and Regulations]
[Page 3539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-1181]



[[Page 3539]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 100830407-0626-02]
RIN 0648-XY51


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. The HG accords with 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 total HG for the 2010-2011 fishing year is 
11,000 metric tons (mt) divided into a directed fishery HG of 8,000 mt 
and an incidental fishery of 3,000 mt. If 8,000 mt are landed, the 
directed fishery for Pacific mackerel will close and a 45-percent by 
weight incidental trip allowance for landing Pacific mackerel with 
other CPS will be implemented, with the exception that 1 mt may be 
landed per trip without any other CPS.

DATES: Effective February 22, 2011, through June 30, 2011.

FOR FURTHER INFORMATION CONTACT: Amber Morris, Southwest Region, NMFS, 
(562) 980-3231.

SUPPLEMENTARY INFORMATION: The CPS FMP, which is implemented by 
regulation at 50 CFR part 660, subpart I, divides management unit 
species into two categories: Actively managed and monitored. The HGs 
for actively managed species (Pacific sardine and Pacific mackerel) are 
based on formulas applied to current biomass estimates.
    The biomass and harvest specifications for each actively managed 
species within the CPS FMP are reviewed every year by the Pacific 
Fishery Management Council (Council) at their public meetings. The 
Scientific and Statistical Committee (SSC), the Coastal Pelagic Species 
Management Team (Team) and the Council's Coastal Pelagic Species 
Advisory Subpanel (Subpanel) review and discuss the biomass, the 
acceptable biological catch (ABC) and the status of the fisheries, and 
present their comments to the Council. Following review by the Council 
and after hearing public comments, the Council makes its HG 
recommendation to NOAA's National Marine Fisheries Service (NMFS). The 
Council reviewed relevant materials, heard public comments and made 
recommendations related to the 2010-2011 Pacific mackerel fishing 
season at their June 2010 public meeting.
    For the 2010-2011 fishing year, the Council recommended and NMFS is 
implementing a total HG of 11,000 metric tons (mt) divided into a 
directed fishery HG of 8,000 mt and an incidental fishery of 3,000 mt. 
If 8,000 mt are landed, the directed fishery for Pacific mackerel will 
close and a 45-percent by weight incidental trip allowance for landing 
Pacific mackerel with other CPS will be implemented, with the exception 
that 1 mt may be landed per trip without any other CPS.
    In making its recommendations, the Council relied on the 2009 full 
stock assessment, 2009 landings, and public comments in developing the 
series of management measures for the July 1, 2010, through June 30, 
2011, Pacific mackerel fishing season. The Council recommended and NMFS 
approved an ABC of 55,408 mt which was calculated from the biomass 
estimate of 282,049 mt that was produced by the stock assessment and 
reviewed by a Stock Assessment Review Panel. The Council recommended 
and NMFS approved an overall HG of 11,000 mt with 8,000 mt allocated to 
a directed fishery and 3,000 mt set aside for incidental landings in 
other CPS fisheries should the 8,000 mt directed fishery HG be 
attained. The 1,000 mt increase in the set aside for incidental 
landings as compared to last season was in response to comments made by 
industry at the June 2010 Pacific Council meeting that Pacific mackerel 
availability to the fleet may be increasing and that fishing 
opportunities for other CPS could be forgone if the mackerel season 
closed early. The Council also recommended and NMFS approved that NMFS 
close the directed fishery if the 8,000 mt directed fishery HG is 
attained and implement a 45-percent incidental catch allowance for 
landing Pacific mackerel with other CPS (in other words, no more than 
45% by weight of the CPS landed per trip may be Pacific mackerel) with 
the exception that up to 1 mt of Pacific mackerel could be landed per 
trip without landing any other CPS.
    On September 17, 2010, a proposed rule was published for this 
action and public comments solicited (74 FR 56976). No comments were 
received. For further background information on this action please 
refer to the preamble of the proposed rule (74 FR 56976, September 17, 
2010).

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 and 
Conservation and Management Act and other applicable laws. 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 significant 
economic impact on a substantial number of small entities. The factual 
basis for the certification was published in the proposed rule 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: January 13, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2011-1181 Filed 1-19-11; 8:45 am]
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