Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications, 4461-4462 [E7-1546]
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Federal Register / Vol. 72, No. 20 / Wednesday, January 31, 2007 / Rules and Regulations
individual commercial quota allocation
in comparison to their respective 2006
individual state allocations. However,
the magnitude of that increase varies
depending on the state’s respective
percent share in the total commercial
quota, as specified in the FMP, and
depending on if the state had any
additional overages from FY 2005 that
needed to be adjusted for in this final
rule (e.g., New York). NMFS considered
a TAL that would have allowed a higher
allocation of quota to the commercial
sector, but this alternative, proposed by
the Council, would have been
inconsistent with the goals and
objectives of the FMP and the
Magnuson-Stevens Act. The new
alternative, which will transfer less
quota from the recreational sector to the
commercial sector than the alternative
contained in the proposed rule (see
Table 2), is being implemented
consistent with recent recreational
landings trends and should ensure that
the 2007 RHL is not exceeded.
Furthermore, the RHL being
implemented in this final rule is 14.3
percent higher than the RHL specified
in FY 2006. In conclusion, because both
the 2007 commercial quota and RHL
being implemented in this final rule
represent increases over the 2006
specifications, and because the revised
2007 RHL is consistent with recent
trends in recreational landings, no
negative economic impacts are expected
relative to the status quo and the
Council’s preferred alternative.
The impacts on revenues of the
proposed RSA were analyzed. The
social and economic impacts of this
proposed RSA are expected to be
minimal. Assuming the full RSA is
4461
allocated for bluefish, the set-aside
amount could be worth as much as
$120,013 dockside, based on an average
2005 ex-vessel price of $0.33 per pound
for bluefish. Assuming an equal
reduction among all 745 active dealer
reported vessels, this could mean a
reduction of about $161 per individual
vessel. Changes in the recreational
harvest limit would be insignificant
(less than a 2- percent decrease), if 1.3
percent of the TAL is used for research.
There are no anticipated adverse
impacts associated with the RSA. In
general, RSAs are expected to yield
important long-term benefits associated
with improved data upon which to base
management decisions.
Table 2. Comparison of New
Alternative to Council Preferred and
2006 Specifications
TABLE 2. COMPARISON OF NEW ALTERNATIVE TO COUNCIL PREFERRED AND 2006 SPECIFICATIONS
Post-Transfer
Commercial
Quota
Initial TAL
Post-Transfer
Recreational
Quota
Research SetAside
Adjusted Commercial Quota
Adjusted Recreational Harvest
Limit
8,688,760 lb
(3,941 mt)
19,073,240 lb
(8,651 mt)
363,677 lb
(165 mt)
8,574,939 lb
(3,890 mt)
18,823,384 lb
(8,538 mt)
9,499,540 lb
(4,309 mt)
18,262,460 lb
(8,284 mt)
363,677 lb
(165 mt)
9,375,098 lb
(4,252 mt)
18,023,225 lb
(8,175 mt)
8,081,096 lb
(3,666 mt)
16,717,740 lb
(7,583 mt)
363,677 lb
(165 mt)
7,962,586 lb
(3,612 mt)
16,472,573 lb
(7,472 mt)
2007 Final Bluefish Specifications
Final Rule
Preferred
Alternative
27,762,000 lb
(12,593 mt)
Council’s Preferred Alternative for 2007 Bluefish Specifications
Proposed Rule
Preferred
Alternative
27,762,000 lb
(12,593 mt)
2006 Final Bluefish Specifications
Preferred
Alternative
24,798,836 lb
(11,249 mt)
Authority: 16 U.S.C. 1801 et seq.
mstockstill on PROD1PC62 with RULES
Small Entity Compliance Guide
Section 212 of the Small Business
Regulatory Enforcement Fairness Act of
1996 states that, for each rule or group
of related rules for which an agency is
required to prepare a FRFA, the agency
shall publish one or more guides to
assist small entities in complying with
the rule, and shall designate such
publications as ‘‘small entity
compliance guides.’’ The agency shall
explain the actions a small entity is
required to take to comply with a rule
or group of rules. As part of this
rulemaking process, a small entity
compliance guide will be sent to all
holders of Federal permits issued for the
bluefish fishery. In addition, copies of
this final rule and guide (i.e., permit
holder letter) are available from NMFS
(see ADDRESSES) and at the following
website: https://www.nero.noaa.gov/
nero/nr/.
VerDate Aug<31>2005
15:06 Jan 30, 2007
Jkt 211001
Dated: January 24, 2007.
William T. Hogarth,
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
[FR Doc. E7–1544 Filed 1–30–07; 8:45 am]
BILLING CODE 3510–22–S
PO 00000
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
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
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
Frm 00051
Fmt 4700
Sfmt 4700
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31JAR1
mstockstill on PROD1PC62 with RULES
4462
Federal Register / Vol. 72, No. 20 / Wednesday, January 31, 2007 / Rules and Regulations
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
VerDate Aug<31>2005
15:06 Jan 30, 2007
Jkt 211001
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
PO 00000
Frm 00052
Fmt 4700
Sfmt 4700
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]
BILLING CODE 3510–22–S
E:\FR\FM\31JAR1.SGM
31JAR1
]]>Agencies
[Federal Register Volume 72, Number 20 (Wednesday, January 31, 2007)]
[Rules and Regulations]
[Pages 4461-4462]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-1546]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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]
BILLING CODE 3510-22-S
